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2019 DIGILAW 3240 (PNJ)

Sunil Kumar v. State Of Haryana

2019-11-29

FATEH DEEP SINGH

body2019
JUDGMENT Fateh Deep Singh, J. (Oral) - In this first anticipatory bail application under Section 438 Cr.P.C filed before this Court in case FIR No. 513 dated 24.06.2019 under Sections 376 and 506 IPC registered at Police Station Civil Lines, District Karnal, Haryana petitioner-Sunil Kumar has been accused by a married lady working as a maid servant in his house, whereby, she alleges that the accused often used to threaten her that he has her obscene video and often blackmailed her. The complainant has shown apprehension that if anything wrong happens to the family of the complainant, the accused would be responsible for it leading to registration of the present case. 2. Learned counsel for the petitioner inter alia submits that it was a pure simplicitor dispute over money by the complainant and has sought to place reliance on the documents P-2 and P-4. It is argued that there is no medical evidence to support the case against the petitioner and it is a pure counterblast to resist the petitioner from laying claim over his money. 3. Mr. Ripu Daman, AAG, Haryana on instructions from ASI Parveen Kumar has strongly opposed the grant of the bail on the grounds that the petitioner had been repeatedly blackmailing and threatening the complainant and even subsequent to the present FIR, another FIR has been got registered against the petitioner by the complainant. In the light of the allegations and subsequent conduct of the petitioner, the State has sought dismissal of the petition. 4. Appreciating the submissions of the two sides, as has come before this Court neither there is any medical evidence to support the case of the complainant and the documents P-2 and P-4 are suggestive of the likelihood of a money dispute and in view of this situation, it would be travesty of justice to send the petitioner behind the bars. Therefore, the present petition is allowed and in the event of arrest, the petitioner be released on bail to the satisfaction of Arresting/Investigating Officer. The petitioner shall, however, join the investigation as and when called for to do so and he shall abide by the conditions as envisaged under Section 438(2) Cr.P.C. Thereafter, will be released on regular bail upon presentation of challan. Disposed off.