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(2020) Law Today Live Doc. Id. 15196 = 2020 L.A.R. (e-Suppl.) 485
Decided on: 24.06.2020
Present:
Mr. Ram Kumar Saini, Advocate, for the petitioner.
Mr. Anant Kataria, Deputy Advocate General, Haryana.
Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Indian Penal Code, 1860 (45 of 1860), Sections 370, 406, 420, 120-B IPC -- Emigration Act, 1983 (31 of 1983), Section 24 – Immigration matter – Regular bail -- There is no evidence of the petitioner having received any part of the amount allegedly paid by the complainant -- Amount was paid only to the co-accused -- In the absence of any specific overt acts being attributed to the petitioner, Court held that he would be entitled to protection subject to conditions -- Petition allowed.
(Para 1-3)
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SANJAY KUMAR, J. –
1. The petitioner is one of the accused in FIR No. 328 dated 05.06.2020 on the file of P.S. Assandh, District Karnal, registered under Sections 406, 420, 120-B IPC (Section 370 IPC was added later on) and Section 24 of the Immigration Act, 1983. By way of this petition, he seeks grant of anticipatory bail under Section 438 Cr.P.C.
2. Perusal of the record reflects that there is no evidence of the petitioner having received any part of the amount allegedly paid by the complainant. Further the specific averment of the complainant was that the amount was paid only to the co-accused, Jaipal. In the absence of any specific overt acts being attributed to the petitioner, this Court is of the opinion that he would be entitled to protection subject to conditions.
3. The petition is accordingly allowed directing the release of the petitioner in the event of his arrest in FIR No. 328 dated 05.06.2020 on the file of P.S. Assandh, District Karnal, subject to the petitioner furnishing a personal bond for a sum of Rs. 20,000/- along with two sureties for a like sum each to the satisfaction of the Investigating/Arresting Officer. The petitioner shall also abide by the conditions stipulated under Section 438(2) Cr.P.C.
Petition allowed.
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