Yogesh v. State Of Haryana

PANKAJ KUMAR 2021.08.25 11:33 I am the author of this document CRM-M No.11785 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.11785 of 2021 (O&M) Date of Decision:24.08.2021 (Heard through VC) Yogesh

...Petitioner

Versus

State of Haryana

...Respondent

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

Ms. Deepshikha Chauhan, AAG, Haryana.

**** JAISHREE THAKUR, J.

(ORAL) Status report filed on behalf of the respondent-State is taken on record.

This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.491 dated 25.12.2020 under Sections 195A, 34, 365, 511, 506 IPC and Section 12 of the POCSO Act registered at Police Station City, Rewari, Haryana. Learned counsel for the petitioner herein prays for regular bail to the petitioner by contending that the petitioner has been falsely implicated in the said matter, as earlier too FIR No.71 dated 14.02.2020 was got registered against him under Section 363, 366-A IPC in Police Station City Rewari in which he was granted bail and pursuant to that, the instant FIR has been registered against him. It is argued that the matter has already been investigated and charges framed as well as statement of the prosecutrix

CRM-M No.11785 of 2021 (O&M) -2has been recorded, therefore, question of him influencing any material witness would not arise. It is also submitted that the trial is likely to take some time to conclude as 22 witnesses have been cited and only four witnesses have been examined.

Learned counsel for the respondent-State would oppose grant of bail to the petitioner by contending that the allegations levelled against him are serious in nature, however, he does not dispute the fact that the investigation has been completed and the challan stands presented. I have heard counsel for the parties. Keeping in view the fact that the challan stands presented and the statement of the prosecutrix has already been recorded and the fact that the trial is likely to take some time to conclude, no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/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) August 24, 2021 JUDGE Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No