Devesh Kumar @ Durgesh v. State Of Haryana
!"# "$
%&!&'(!")!*! + ,-%.%
!
"
# " $% &&&&
/. '# ( ! # )*+ , * # #
- * .
/
0# % 1.*1#.#
*-2 - 34
56 5/ * .
/
478 .
/
97.9
-
. .
3 2: ;* < #
+- :+ #
# !
+< + -%= > ! # + ## * # :!
+<+ -%= >? 2 *% 9@/ # ?- #
+- ?
# + -%$ #*2 * # + 2 *?# # ?
# # -
# ?
## !
+? #
+ '# % ?
+ + # # +
# #!
# 2#
+ A# # * # % #
# B! %2 %%
#
+ + *2** #?# - ! # C
+
+ *$ % * #
+# * #?
? ?# !
+ #
+
* #* # #
# !
+ + *.# - ## #
+ *
# 2#
+ ?# # ? 1 2% * # # #
- #
+4?-- #* # %# ? ?
## $
+ # -
A ## -- 34 #2
3.
Learned counsel for petitioner argued that allegations levelled against the petitioner are false. Petitioner was arrested in this case on 06.03.2024 and since then he is behind the bars. The prosecution witnesses have not supported the case. He has annexed statement of the victim PW-1 (Annexure P-2), statement of mother of the victim PW-2 (Annexure P-3), statement of father of the victim PW-3 (Annexure P-4) and all these witnesses were declared hostile. Statement of landlord PW-4 was also recorded which is Annexure P-5. Trial in this case may take long time. Petitioner is ready to abide by the terms of bail order. Therefore, it is prayed that his regular bail petition may be allowed. 4.
Learned counsel representing State opposed the bail petition. Detailed status report has been filed along with copy of MLR of the victim (Annexure R-1), statement of the victim recorded under Section 164 Cr.P.C. (Annexure R-2), copy of her birth certificate (Annexure R-3), report of RFSL Bhondsi Gurugram (Annexure R-5) as well as statements of the witnesses recorded before learned trial Court (Annexure R-6 to R-9). It is pointed out that as per the DNA report (Annexure P-10), the DNA
profile obtained from the stains on the source i.e. Swab and the source i.e. underwear matched with the DNA profile of the source i.e. blood samples stated to be of accused. Therefore, the stand taken by learned counsel for petitioner is without any basis. The allegations are serious in nature, therefore, petitioner is not entitled to be released on regular bail. 5.
I have considered the arguments and have gone through the record carefully. The occurrence took place on 06.02.2024. After presentation of challan on 01.06.2024, charge-sheet was framed on 14.08.2024. Till date 04 prosecution witnesses have been examined and admittedly, the victim and her parents did not support the prosecution case and they were declared hostile. It cannot be ignored that as per the school record date of birth of the victim is 21.02.2011 (Annexure R-3). There is medical record along with DNA test report (Annexure R-10) which helps the case of prosecution. The allegations are serious. The testimony of witnesses and the medical record is to be appreciated by learned trial Court at appropriate stage.
Therefore, considering the aforesaid factual position, I do not deem it appropriate to release the present petitioner on regular bail and his bail petition is accordingly declined. @ Pending miscellaneous application(s), if any, stand disposed of accordingly as well. 0
1 A# # 1 D
D
A# # 2-
D