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High Court of Punjab and HaryanaCRM-M/4890/2023allowed

Anu v. State Of Haryana And Another

2023-01-31Mr. Justice Tribhuvan Dahiya2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CRM-M No. 4890 of 2023 Date of Decision : 31.1.2023 Anu ..... Petitioner versus State of Haryana and another ..... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

Mr. Ashok K. Sharma, Advocate, for the petitioner Ms. Mahima Yashpal, DAG, Haryana Mr. Ajit Singh, Advocate, for Mr. Arun Sharma, Advocate, for respondent no.2 --- TRIBHUVAN DAHIYA J. (ORAL):

This is a petition under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case FIR No.123 dated 29.9.2021 under Sections 328, 34, 366, 376-D IPC and Section 6 of POCSO Act, 2012, registered at Police Station Women, Kaithal, District Kaithal.

Learned counsel for the petitioner contends that the petitioner is sister of the main accused Manoj Kumar, and was implicated only because he was residing at her place. She was found innocent by the police after investigation. Subsequently, on the application under Section 319 Cr.P.C. having been filed, the petitioner has now been summoned to face trial vide order dated 1.12.2022. It is apprehended that she will be taken in custody on appearing before the trial Court.

Learned State counsel, on instructions from ASI Manjeet Kaur, submits that investigation of the case is complete and challan already stood filed. Therefore, the petitioner would not be required for custodial interrogation, at this stage.

ASHWANI KUMAR 2023.01.31 19:59 I attest to the accuracy and integrity of this document

CRM-M No. 4890 of 2023 -2In view thereof, the petition is allowed. The petitioner is directed to appear before the trial Court and on her doing so, she will be admitted to bail on furnishing bail/surety bonds to the satisfaction of trial Court. (TRIBHUVAN DAHIYA) JUDGE 31.1.2023 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHWANI KUMAR 2023.01.31 19:59 I attest to the accuracy and integrity of this document