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Raj Kumar Sharma vs State Of Haryana on 14 March, 2018

CRM-M-10835 of 2017(OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CRM-M-10835 of 2017 (OM)
Date of Decision:14.03.2018

Raj Kumar Sharma
…… Petitioner
Versus

State of Haryana …… Respondent

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr.Kiran Kumar Madan, Advocate
for the petitioner.

Mr. Ramesh Kumar, AAG., Haryana.

Mr. H.S.Jaswal, Advocate
for the complainant.

*****

LISA GILL, J(Oral).

Petitioner seeks the concession of anticipatory bail in FIR

No.18 dated 08.02.2017, under Sections 323, 498-A, 354-A(1), 406, 506

IPC (offence under Section 354-A(1) IPC later replaced with Section 354

IPC), registered at Police Station Women, Ambala.

It is submitted that the petitioner, who is a Subedar retired from

Indian Army is the father-in-law of the complainant and has been falsely

implicated in this case. Absolutely false and incorrect allegations have been

levelled in the FIR that the petitioner on 07.01.2016 committed any kind of

indecent act with the complainant at 09.30.p.m.

Learned counsel for the petitioner vehemently argues that

considerable delay in lodging of the complaint on 04.10.2016 on the basis of

which the present FIR dated 08.02.2017 was registered, is a reflection of the

falsity of the allegations. It is further stated that the petitioner’s land in

Haridwar has been usurped by the maternal uncle (Mama) of the

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CRM-M-10835 of 2017(OM) 2

complainant in respect to which FIR No. 90 dated 30.04.2017 has been

registered at Haridwar. Subsequently, during the pendency of this petition,

the complainant’s father had called the petitioner’s daughter and used

indecent and obscene language. He had threatened her with dire

consequences in respect to which FIR No. 781 dated 30.11.2017 already

stands registered. It is submitted that the co-accused i.e. the mother-in-law

and the husband of the complainant have been afforded the concession of

bail pending trial. Final report under Section 173 Cr.P.C., against the said

accused already stands presented. The petitioner undertakes to face the

proceedings and not abuse the concession of anticipatory bail, if confirmed.

It is thus prayed that this petition be allowed.

Learned counsel for the complainant opposes this petition while

submitting that both the FIR’s registered against the complainant side are

absolutely frivolous and in any case subject matter of trial. It is further

submitted that the land in question was already on lease with the

complainant’s maternal uncle. Serious allegations have been levelled against

the petitioner. Therefore, this petition be dismissed.

Learned counsel for the State, on instructions from ASI Daya,

verifies that the petitioner has joined investigation pursuant to interim order

dated 06.04.2017 and his custodial interrogation is not required. The

petitioner is not reported to be involved in any other criminal case. Learned

counsel for the State further submits that the final report under Section 173

Cr.P.C., in this case qua the petitioner is ready and is likely to be filed within

the next two weeks itself.

There are no allegations on behalf of the State that the petitioner

is likely to abscond or that he is likely to dissuade the witnesses from

deposing true facts in the Court, if released on bail.

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CRM-M-10835 of 2017(OM) 3

Keeping in view the facts and circumstances as above, but

without commenting upon or expressing any opinion on the merits of the

case, this petition is allowed. Consequently, order dated 06.04.2017 is made

absolute.

It is clarified that none of the observations made hereinabove

shall be construed to be a reflection on the merits of the case. The same are

solely confined for the purpose of decision of the present petition.

[LISA GILL]
14.03.2018 Judge
s.khan
Whether speaking/reasoned : Yes/No.
Whether reportable : Yes/No.

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