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Judgment
15 paragraphs · 379 wordsHarnaresh Singh Gill, J
Case is taken up for hearing through video conferencing.
Through this petition, the petitioner seeks anticipatory bail in case FIR No.156 dated 17.04.2019, registered at Police Station Gannaur, District Sonipat, under Sections 406, 420, 467, 468 and 471 IPC.
A Coordinate Bench, on 31.07.2020, passed the following order:
"Heard through video conferencing.
The petitioner is seeking anticipatory bail in FIR No.156 dated 17.04.2019, under Sections 406, 420, 467, 468 and 471 of the Indian Penal Code, 1860, registered at Police Station Gannaur, District Sonipat.
Learned counsel for the petitioner contends that it is alleged in the FIR that the petitioner and other accused had induced the complainant to pay a sum of Rs.66,000/-as down payment for the delivery of a Nissan Datsun Redigo car of 2018 model, but the delivery of the car was not made and they tried to hand over an old vehicle. He also contends that no money was paid to the petitioner and as per the allegations in the FIR, the money was paid to co-accused, namely, Gagan. He further contends that the petitioner is a 32 years old lady with two minor children. She is not involved in any other criminal case.
Issue notice to the respondent.
At the asking of the Court, Mr. Gaurav Gurcharan Singh Rai, AAG, Haryana, accepts notice on behalf of the respondent-State.
List on 08.09.2020.
In the meantime, the petitioner is directed to appear before the investigating/arresting officer and join investigation.
In the event of her arrest, the investigating/arresting officer shall release the petitioner on ad interim bail subject to his/her satisfaction. The petitioner shall also abide by the conditions as envisaged under Section 438 (2) Cr.P.C."
Learned counsel for the petitioner submits that pursuant to the order dated 31.07.2020 passed by the Coordinate Bench, the petitioner has joined the investigation.
Learned State counsel, on instructions from ASI Satbir Singh, submits that the petitioner has joined the investigation and is now not required for any further investigation.
In view of the above, without commenting on the merits of the case, the present petition is allowed and the order dated 31.07.2020 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure.
