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2022 DIGILAW 986 (PNJ)

Suresh Kumar v. State Of Haryana

2022-05-20

HARINDER SINGH SIDHU

body2022
JUDGMENT Harinder Singh Sidhu, J. - This is a petition filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No. 7, dated 5.1.2022 registered under Sections 406, 201 IPC at Police Station Munak, Karnal. 2. The complainant is a widow. Her husband Ram Mehar died on 21.4.2020. The couple had no child. The petitioner is nephew of husband of complainant. The husband of complainant was a Class IV employee in the Public Health Department. The petitioner is also working in the same department. As the couple had no child, they relied and were wholly dependent on petitioner. The petitioner used to withdraw the amount from the bank account of complainant and her husband. 3. It is alleged that petitioner has betrayed the trust of complainant. Without her knowledge, petitioner withdrawn Rs. 16,00,000/- from her account. Learned counsel for petitioner states that all the allegations are false. 4. The amount had been withdrawn with the consent of complainant and the substantial amount withdrawn was spent on the renovation of house of complainant and in meeting the house hold expenditure. Only an amount of Rs. 2,50,000/- was used for his own purpose. However, with a view to show his bonafide, petitioner is willing to return an amount of Rs. 3,00,000/- to complainant. The petitioner is in custody since 5.1.2022. The investigation in the case is complete. 5. Taking into account the aforesaid fact and offer made by petitioner, this petition is allowed. Petitioner Suresh Kumar is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of learned Trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 6. Dr. Jindal, learned counsel for petitioner states that a demand draft of Rs. 3,00,000/- would be handed over to complainant before 20.6.2022. 7. It is made clear that if the demand draft, as undertaken, is not handed over to complainant before 20.6.2022, the bail is liable to be cancelled.