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High Court of Punjab and HaryanaCRM-M/5725/2020allowed

Anil v. State Of Haryana

2020-02-27Ms. Justice Jaishree Thakur2 pages

CRM-M No.5725 of 2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.5725 of 2020 Date of Decision:27.02.2020 Anil

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. Vijay Dahiya, Advocate for the petitioner.

Ms. Trishanjali, AAG, Haryana.

-.- JAISHREE THAKUR, J. (ORAL) 1.

The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No.136 dated 19.4.2019 under Sections 323, 376, 506 and 120-B IPC registered at Police Station Jind City, District Jind to the petitioner, who is in custody since 26.04.2019. 2.

Learned counsel for the petitioner would contend that he has been falsely implicated in the said case, while further stating that evidence of prosecution is complete and a perusal of the FSL report would belie the statement given by the prosecutrix of any offence under Section 376 IPC. It is further argued that the allegation has been raised regarding the offence on account of a dispute over a plot.

3.

Per contra, learned counsel appearing on behalf of the respondent-State opposes the bail application, while contending that the offences alleged against the petitioner are serious in nature and therefore, the petitioner is not entitled to concession of regular bail. 4.

I have heard learned counsel for the parties. 5.

Since the trial court is likely to take some time and in view of PANKAJ KUMAR 2020.02.28 14:08 I attest to the accuracy and integrity of this document

CRM-M No.5725 of 2020 -2the fact that no further investigation is required and statement of prosecutrix has already been recorded, 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 bond and 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 27, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.02.28 14:08 I attest to the accuracy and integrity of this document