High Court of Punjab and HaryanaCRM-M/11383/2021allowed

Gaurav v. State Of Haryana

2021-04-05Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-11383-2021 Decided on : 05.04.2021 Gaurav . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. Yashdeep Nain, Advocate for the petitioner(s).

Mr. Rajiv Goel, DAG, Haryana assisted by SI Raj Kumar.

**** MANJARI NEHRU KAUL, J. (Oral) The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 877, dated 01.12.2020, under Sections 3, 4, 5, 6, 18, 29 of Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and under Sections 120B, 420 IPC, registered at Police Station City Panipat, District Panipat. Learned counsel for the petitioner inter alia contends that the petitioner has been falsely implicated in the case in hand. He submits that in fact the petitioner has been nominated in this case only on the basis of the disclosure statement of the co-accused Sonu, who has stated that the diagnostic test was carried out in a room which had been given on rent @ Rs.300/- by the petitioner.

Learned counsel for the petitioner further submits that all the offences are triable by Magistrate. The petitioner has been in custody since 04th December, 2020 and there is no likelihood of the trial concluding anytime in the near future, as charges have not yet been framed. Per contra, learned State counsel while opposing the prayer and JAWALA RAM 2021.04.05 16:42 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-11383-2021 - 2 - submissions made by learned counsel for the petitioner, has submitted that the charges are likely to be framed on the next date of hearing. Heard.

In view of the submissions made by learned counsel for the parties, I deem it a fit case for grant of the concession of regular bail to the petitioner, as the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.

(MANJARI NEHRU KAUL) JUDGE April 05, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.04.05 16:42 I attest to the accuracy and authenticity of this document Chandigarh