Aijaj vs State Of Haryana

Sandeep Moudgil, J

Prayer

The jurisdiction of this Court has been invoked Section 482 BNSS

2023 for grant of anticipatory bail to the petitioner in FIR No.01 dated 01.09.2022 (Annexure P-1), under sections 419,420,467,468,471,383 & 34 IPC 1860, P.S. Cyber Crime, Sirsa, District Sirsa, (Annexure P-1).

2 Contention

On behalf of the petitioner

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case solely on the basis of a disclosure statement made by co-accused. He further submits that the co-accused persons have already been granted the concession of bail either by this Court or by the Trial Court vide different orders annexed as Annexures P-4 to P-7. Learned counsel undertakes, on behalf of the petitioner, that the petitioner is ready and willing to join the investigation.

Notice of motion.

On behalf of the State/complainant

On the asking of Court, Mr. Rahul Dev Singh, Addl. AG Haryana, accepts notice on behalf of respondent/State. He prays for dismissal of the present petition on the ground that the petitioner is a member of a gang of fraudsters and was involved in purchasing bank account kits from one Deepak Saini, whose account was used for collecting the first instalment of ₹31,500/- through fraudulent means.

Analysis

A perusal of the material on record reveals that the implication of the petitioner is primarily based on the disclosure statement of a co-accused. It is also not in dispute that the co-accused persons, have already been granted the concession of bail either by this Court or by the learned Trial Court, as reflected from the orders placed on record as Annexures P-4 to P-7. Even otherwise, the petitioner has undertaken in para 23 that he will join the investigation and co-operate with the Investigating Officer.

In the light of above, this Court is of the considered view that there is no valid or cogent reason to deny the bail to the present petitioner, wherein he has bona fide intentions and is ready and willing to join the investigation and cooperate for furtherance of the same so that the final report can be submitted by the Investigating Agency in time.

Relief:-

Hence, the petitioner is directed to be released on anticipatory bail subject to his joining investigation with the Investigating Officer concerned within a period of one week from today, on furnishing of personal/surety bonds to the satisfaction of Arresting Officer/Investigating Officer. The petitioner shall also abide by the terms and conditions as envisaged under Section 482(2) of BNSS, which are reproduced below:-

‘When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including-

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court;

(iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section.’

However, it is made clear that in case the petitioner does not comply with the aforesaid direction of joining the investigation within a period of one week, the order passed by this Court today shall automatically stands cancelled.

In the aforesaid terms, the present petition stands allowed.