IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 122 OF 2023 (Arising out of SLP (Crl.) No. 4554 of 2021)
PRADEEP CHAUHAN Appellant(s)
VERSUS
THE STATE OF HARYANA Respondent(s)
O R D E R
Leave granted.
By the impugned order, the High Court has rejected the application filed under Section 438 of the Code of Criminal Procedure, 1973.
This Court had passed order dated 05.07.2021 while issuing notice that no coercive steps shall be taken against the appellant in the meantime.Thereafter, we have passed the following order on 07.12.2022: After hearing learned counsel for the parties, we are inclined to pass the following
order:
The petitioner will make himself available for investigation/interrogation before Women Police Station NIT, Faridabad, from 10.30 a.m. till 2 p.m. from Monday till Thursday for two weeks starting next Monday.
We make it clear that he will not be arrested. List the matter in the third week of January, 2023.
Today, we have heard learned counsel for the appellant and the learned counsel for the State.
Learned counsel for the respondent-State submits that
1 CRIMINAL APPEAL NO. 122/2023(@ SLP (Crl.) No. 4554/2021) pursuant to order dated 07.12.2022, the appellant has cooperated, the medical test required has also been done.
No doubt, she would submit that this is a case of a promise to marry from which the appellant reneged. We would think that, in the facts and circumstances of this case, the appellant has made out a case for grant of anticipatory bail. The appeal is allowed, impugned order is set aside. We direct that the appellant shall be released on anticipatory bail subject to such conditions as may be fixed by the Additional Sessions Judge, Faridabad.
……., J. [ K.M. JOSEPH ]
…….., J.[ B.V. NAGARATHNA ]
New Delhi;
January 16, 2023.
CRIMINAL APPEAL NO. 122/2023(@ SLP (Crl.) No. 4554/2021)
ITEM NO.4 COURT NO.3 SECTION II-B S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No. 122/2023
(Arising out of SLP (Crl.) No. 4554/2021)
(Arising out of impugned final judgment and order dated 15-06-2021 in CRM-M-23052/2021 passed by the High Court of Punjab & Haryana, Bench at Chandigarh)
PRADEEP CHAUHAN Appellant(s)
VERSUS
THE STATE OF HARYANA Respondent(s)
(With IA No. 73138/2021 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 73139/2021 – EXEMPTION FROM FILING O.T. and IA No. 75044/2021 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 16-01-2023 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE K.M. JOSEPH
HON’BLE MRS. JUSTICE B.V. NAGARATHNA
For Appellant(s)
Mr. Mayank Kshirsagar, AOR
Mrs. Abha Goel, Adv.
Mr. Mohd.arif, Adv.
Mr. Akhilesh Yadav, Adv.
For Respondent(s)
Ms. Bansuri Swaraj, A.A.G.
Mr. Samar Vijay Singh, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed in terms of the signed order concluding as follows:
We would think that, in the facts and circumstances of this case, the appellant has made out a case for grant of anticipatory bail. The appeal is allowed, impugned order is set aside. We direct thatthe appellant shall be released on anticipatory bail subject to such conditions as may be fixed by the Additional Sessions Judge, Faridabad.
Pending applications stand disposed of.
(NIDHI AHUJA) (RENU KAPOOR)
AR-cum-PS ASSISTANT REGISTRAR
[Signed order is placed on the file.]