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High Court of Punjab and HaryanaCRM-M/13140/2016dismissed

Sandeep Dutta v. State Of Haryana

2016-08-23Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-13140 of 2016 (O&M) -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-13140 of 2016 (O&M) Date of Decision: 23.08.2016 Sandeep Dutta ......Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. Robin Dutt, Advocate for the petitioner.

Ms. Dimple Jain, AAG, Haryana.

**** ANITA CHAUDHRY, J(ORAL) The petitioner is seeking regular bail in FIR No. 11 dated 5.2.2016 registered at Police Station Raipur Rani, District Panchkula under Sections 323, 328, 34, 376, 506 IPC.

Counsel for the petitioner contends that the petitioner is in custody since 6.2.2016 and no case is made out against the petitioner as he is the husband of the complainant and the allegations are that the complainant was forced to have physical relations with Ashok Kumar. Counsel urges that the sister of the petitioner had applied for anticipatory bail which had been allowed and no recovery is to be effected and the trial will take time.

State counsel has opposed the bail application and it has been urged that the complainant had conceived and Ashok had refused to give his blood samples and is still absconding and the allegations against the petitioner are that he had forced his wife to have relations with Ashok and the complainant is yet to be examined and the petitioner would tamper with Gurpreet Singh Bhatia 2016.08.29 11:48 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-13140 of 2016 (O&M) -2the evidence.

The blood sample of the petitioner had been taken for the purposes of examination. Report of the FSL has not been received. Co-accused Ashok is yet to be arrested. The complainant is yet to make her statement in the Court.

No case for bail is made out.

Petition is dismissed.

(ANITA CHAUDHRY) JUDGE August 23, 2016 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Gurpreet Singh Bhatia 2016.08.29 11:48 I attest to the accuracy and authenticity of this document High Court Chandigarh