CRM-M-29347 of 2011 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-29347 of 2011 Date of Decision:19.10.2011 Rajesh Kakkar . . .Petitioner Versus State of Haryana . . . Respondent ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Bipan Ghai, Sr.Advocate, with Mr.Mandeep Kaushik, Advocate, for the petitioner. Mr.Vikas Malik, AAG, Haryana. Mr.Kiranpal Singh, Advocate, for the complainant. ***** RAKESH KUMAR JAIN, J. (ORAL) This is a petition for bail pending trial in a case registered vide FIR No.777 dated 02.09.2011 under Sections 323, 328, 342, 332, 353 & 506/34 of the Indian Penal Code, 1860 (for short ‘IPC’) and Sections 27/54/59 of the Arms Act at Police Station City Karnal, District Karnal. The FIR is registered at the instance of Om Parkash who was allegedly working at the finance shop of the petitioner for delivering notices to customers regarding their pending installments. On 30.8.2011 at 3.00 P.M., he requested the petitioner for sanctioning his leave as he was down with fever but he was asked to take some intoxicant capsule which was refused by him, then forcibly the petitioner along with Anil made him to consume the poisonous capsule. The complainant has alleged that after consumption of poisonous capsule, he started feeling giddy and started running but was not able to run then the petitioner along with co-accused Anil caught hold of him by shouting thief-thief. Thereafter it is alleged that the petitioner himself broke the glass of his CRM-M-29347 of 2011 - 2 - car and at that juncture he became unconscious. His family members tried to treat him with Desi Ghee to undo the effect of the poisonous capsule. Learned counsel for the petitioner submits that he has been involved in a false case and arrested on 02.09.2011. He further submits that at one place in the FIR, the complainant has alleged that he was asked to consume intoxicant capsule and at the other place he has alleged that he was forced to consume poisonous capsule. He also submits that the allegation of the complainant is not corroborated by the medical evidence as the complainant lodged the FIR after two days of the alleged incident and had taken medical treatment from the Government Hospital by complaining fever and headache. He submits that had he been administered poisonous capsule, then the petitioner would have made a complaint to the Doctor about the same but he had only mentioned about his fever which he already had when he had applied for leave to the petitioner which was declined and the alleged occurrence took place. He thus, submits that the petitioner was already suffering from fever for which he had taken medical treatment on 1.9.2011 and there is nothing on record except one line by the Doctor that the treatment given to the petitioner on 1.9.2011 could possibly be for the intoxicant. He further submits that except for this bald statement of the petitioner no other evidence has been collected by the prosecution so far. In reply, learned counsel for the State has submitted that father of the petitioner is running a finance company and the petitioner is an Advocate, who is involved in various cases. He also submits that in the past, the petitioner has been acquitted in three cases and three cases are going on against him. On the last date of hearing, learned counsel for the State was asked to file affidavit of the Investigating Officer regarding the cases registered against the petitioner. Affidavit dated 19.10.2011 is filed in Court and is taken on record and the copy is handed over to learned counsel for the petitioner. I have perused the affidavit from which it is found that in FIR No.425 dated 23.8.2001 registered under Sections 323, 342 & 506/34 IPC at Police Station City Karnal, FIR No.165 dated 23.3.2003 CRM-M-29347 of 2011 - 3 - registered under Sections 323 & 506/34 IPC at Police Station City Karnal and FIR No.79 dated 16.2.2006 registered under Sections 279, 294 & 506/34 IPC and Sections 25/27/54/59 of the Arms Act at Police Station Sadar, Karnal the petitioner has already been acquitted whereas he is involved in FIR No.272 dated 13.5.2010 registered under Sections 384 & 506 IPC and under Section 3 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Assandh in which he is on bail, but in FIR No.551 dated 27.9.2010 registered under Sections 392 & 420 IPC at Police Station Chandni Bagh, Distt. Panipat the petitioner has not been arrested so far as per the statement of the Investigating Officer. In FIR No.127 dated 9.2.2011 registered under Sections 232, 292 & 307 IPC at Police Station City Karnal, the petitioner is already on interim bail by this Court. I have heard learned counsel for the parties and perused the record from which I have found that in the present case the allegation against the petitioner is of administrating a poisonous capsule to the complainant which, prima facie, is not corroborated by the medical evidence. The complaint made to the Doctor attending him on 1.9.2011 of fever and headache with which he was already suffering as per his own version in the FIR. After hearing learned counsel for the parties and keeping in view the facts and circumstances of the case but without making any observation on the merits, the present petition is allowed. Petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of the learned trial Court. (RAKESH KUMAR JAIN) OCTOBER 19, 2011 JUDGE Vivek