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High Court of Punjab and HaryanaCRM-M/5922/2020allowed

Rahul v. State Of Haryana

2020-02-14Ms. Justice Jaishree Thakur2 pages

CRM-M No.5922 of 2020 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.5922 of 2020 Date of Decision.14.02.2020 Rahul

...Petitioner

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Arjun Dhingra, Advocate for Mr. Pankaj Mehta, Advocate for the petitioner.

Ms. Trishanjali Chopra, AAG, Haryana.

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

The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.767 dated 26.11.2019 under Sections 323, 325, 341, 506, 354-D IPC and Sections 3 (1), 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 and Section 12 of POCSO Act, 2012 registered at Police Station Hansi, Tehsil Hansi, District Hisar.

2.

Learned counsel for the petitioner would contend that petitioner has been falsely implicated in the present FIR and is in custody since 11.12.2019. The investigation is complete and custodial interrogation of the petitioner is no more required, therefore, he is entitled to be enlarged on bail.

3.

Per contra, learned counsel appearing on behalf of the respondent-State opposes the bail application, while contending that the PANKAJ KUMAR 2020.02.15 12:50 I attest to the accuracy and integrity of this document

CRM-M No.5922 of 2020 -2offences alleged against the petitioner are serious in nature and therefore, he is not entitled to concession of regular bail. 4.

I have heard learned counsel for the parties. 5.

Since the investigation is complete and charges have been framed and the trial is likely to take some time to conclude as 25 witnesses have been cited, 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 14, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.02.15 12:50 I attest to the accuracy and integrity of this document