High Court of Punjab and HaryanaCRM-M/812/2020allowed

Amarjeet Singh @Gori v. State Of Punjab And Another

2020-02-26Ms. Justice Jaishree Thakur2 pages

CRM-M No.812 of 2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.812 of 2020 Date of Decision:26.02.2020 Amarjeet Singh @ Gori

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. Naresh Kumar Manchanda, Advocate for the petitioner.

Mr. Davinder Bir Singh, DAG, Punjab.

Mr. Madan Bhandari, Advocate for respondent No.2.

-.- JAISHREE THAKUR, J. (ORAL) CRM No.7008 of 2020 Application is allowed as prayed for.

Statement and cross-examination of the prosecutrix is taken on record as Annexure P-6.

CRM-M No.812 of 2020 This is a petition that has been filed for grant of regular bail to the petitioner in case FIR No.117 dated 30.06.2019 registered under Section 376 IPC (later on added Section 365, 346, 201 IPC) at Police Station City, South Moga, District Moga.

Learned counsel for the petitioner herein would contend that the petitioner, who is in custody since 18.07.2019 has been falsely implicated in the present case as would be evident from the fact that statement of prosecutrix has been recorded wherein she has not supported PANKAJ KUMAR 2020.02.27 11:19 I attest to the accuracy and integrity of this document

CRM-M No.812 of 2020 -2the case of prosecution, therefore, petitioner is entitled for concession of bail.

Learned counsel for the respondent-State on instructions from IO admits to the factum of recording statement of the prosecutrix, however, opposes the bail application.

I have heard learned counsel for the parties. Since no further investigation is required and statement of prosecutrix has already been recorded wherein she has not supported the case of prosecution, no useful purpose would be served in keeping the petitioner behind the bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/ surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) JUDGE February 26, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.02.27 11:19 I attest to the accuracy and integrity of this document