2023 Supreme(P&H) 2382
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASJIT SINGH BEDI, J.
Preeti – Petitioner
Versus
State of Haryana – Respondents
CRM-M NO. 58181 of 2022
Decided On : 22-02-2023
Advocates Appeared:
Mr. Keshav Pratap Singh, Advocate; For the Petitioner
For the Respondent:Mr. Neeraj Poswal, Assistant Advocate General, Haryana.
Headnote:(A) Indian Penal Code - Sections 384, 506, 511, 120B, 195, 195A, 201 - Bail application - The petitioner seeks regular bail in relation to an FIR involving extortion and related charges - The order references previous FIRs alleging false charges and related procedural actions, emphasizing the petitioner's lack of prior complaints and the nature of the allegations. (Paras 1-2)
(B) Criminal Procedure Code - Section 439 - The court evaluates the conditions for bail applications, particularly focusing on the absence of prior complaints against the petitioner and her status as a first offender. The investigation is to be conducted under an SIT. (Paras 3-7)
Facts of the case:
The petitioner, estranged wife of the complainant, is implicated alongside co-accused in an FIR alleging extortion related to a past false accusation of rape. The FIR has multiple procedural implications, including previous investigatory shortcomings against the complainant.
Findings of Court:
The court finds merit in the petitioner’s application for interim bail, supporting the notion that she has cooperated during the investigation process.
Issues: The credibility of prior allegations, the role of the petitioner in the current FIR, and her request for bail based on character and first-offender status.
Ratio Decidendi: The court concluded that given the lack of previous complaints against the petitioner, her role as a first offender, and the procedural errors in earlier investigations, interim bail would be permitted.
Result: The petitioner is to be released on interim bail subject to specified conditions.
| Table of Content |
|---|
| 1. bail application and fir details. (Para 1) |
| 2. discussion on the investigation procedure and petitioner's role. (Para 2 , 3 , 4) |
| 3. court's directives for bail conditions. (Para 5 , 6 , 7) |
JUDGMENT
Jasjit Singh Bedi, J. (Oral)
The Prayer in this petition under Section 439 Cr.PC is for the grant of regular bail in case FIR No.259 dated 18.10.2022 under Sections 384, 506, 511 and 120B IPC (Sections 195, 195A and 201 IPC added later on) registered at Police Station Sector 9, District Ambala. (On the oral request by the counsel for the petitioner Sections 180, 389, 211, 192, 218, 219 IPC are ordered to be added. The Registry is directed to add these sections in the headnote as well as the prayer clause of the petition).
2. On 19.12.2022 the following order was passed:-
" Prayer in this petition is for grant of regular bail in FIR No.259 dated 18.10.2022 under Sections 384, 506, 511, 120B IPC and Sections 195, 195A, 201 IPC (added later on), registered at Police Station Sector-9, District Ambala.
Learned counsel for the petitioner relies upon the order dated 21.11.2022 passed in CRM-M-53787-2022, vide which co-accused Subhash Singh has been granted the concession of interim anticipatory bail. The operative part of the order reads as under: -
"Learned senior counsel for the petitioner submits that the present FIR has been registered at the instance of complainant Manoj Kumar, who is estranged husband of one Preeti, who is also an accused in the FIR. It is further stated in the FIR that the complainant is working in FCI and in December, 2021, he was transferred to Ambala City, where he took a house on rent. On 12.09.2022, he along with his friend Ravish was present in the rented accommodation and suddenly, a girl came there and stated that she has come to take the said house on rent and, thereafter, she left the the premises. It is further stated that due to bad health, the complainant had gone to his village on 20.09.2022. Again, his friends Ravish and Animesh called him and informed that the same girl, who had come earlier also on 12.09.2022, has come to take the house on rent and has stated that Manoj Kumar (complainant) has done wrong things with her and since she belongs to a lower caste, he has refused to marry her. Thereafter, on 15.10.2022, the complainant returned to Ambala and when he was going towards market, an unknown young boy came and informed that a girl named "R" (name withheld) has filed a case of rape in Police Station Sector 9 and he should meet her. Thereafter, a demand was made to pay the money in lieu of some settlement in the said case.
Learned senior counsel further submits that in fact the aforesaid girl "R" has got registered FIR No. 240 dated 30.09.2022, under Sections 376, 506 of the IPC and section 3 of the SC/ST Act at Police Station Sector 9, Ambala City against Manoj Kumar, who is complainant in the present FIR and after investigation, the allegations in FIR No. 240 were found to be false and the police registered the present FIR No. 259 against Ravneet Kaur, Sukhpreet Kaur and Preeti (estranged wife of complainant Manoj Kumar) and arrested all of them. Thereafter, another accused Gaurav and the present petitioner were nominated in FIR No. 259 on the disclosure of Preeti.
Learned senior counsel further submits that in fact the petitioner is presently posted as SHO in Police Station Mahesh Nagar, Ambala, whereas the previous FIR No. 240 was registered at Police Station Sector 9, Ambala City and the petitioner was neither the Investigating Officer nor remained posted at Police Station Sector 9, Ambala City and in fact, prior to his posting at Police Station Mahesh Nagar, Ambala, he was posted at Police Station Mullana, Ambala.
Learned senior counsel further submits that during investigation of the present case, no call details or mobile phone location of the accused/co-accused has been collected by the police and the petitioner is ready to join the investigation. It is also submitted that the p
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