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High Court of Punjab and HaryanaCRM-M/10157/2024dismissed

Wasim v. State Of Haryana

2024-11-28Ms. Justice Harpreet Kaur Jeewan2 pages

CRM-M-10157-2024 (O&M)  Sr. No.222

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-10157-2024 (O&M) Date of decision: 28th November 2024 WASIM ........Petitioner versus STATE OF HARYANA .......Respondent

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Waqar Ahmed Khurshid, Advocate for the petitioner.

Mr. Amrik Singh Narwal, D.A.G., Haryana.

HARPREET KAUR JEEWAN, J. (ORAL) 1.

The instant petition has been filed under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in case FIR No.223 dated 25.08.2023, under Section 34 IPC, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012, registered at Police Station Dhauj, District Faridabad (Annexure P-1).

2.

The petitioner is alleged to have repeatedly made physical relations with the prosecutrix on the pretext of solemnizing marriage with her.

3.

Learned State counsel has filed custody certificate of the petitioner dated 26.11.2024, reflecting his actual custody period as 01 year 03 months and 01 day, which is taken on record. 4.

Heard.

5.

The prosecutrix is stated to have supported the prosecution case in her statement recorded under Section 164 Cr.P.C. The prosecutrix is 16 SIMRANDEEP KAUR 2024.11.29 14:58 I attest to the accuracy and integrity of this document

CRM-M-10157-2024 (O&M)  years of age, as per her testimony before the trial Court. The minimum sentence for the offence alleged to have been committed by the petitioner is 20 years. As such, there is apprehension of absconding of the petitioner in case he is released on bail.

6.

In view of the age of the prosecutrix and the allegations levelled against the petitioner, no ground is made out to release him on regular bail. 7.

Consequently, the present petition stands dismissed. 8.

Pending miscellaneous applications, if any, shall stand disposed of.

(HARPREET KAUR JEEWAN) JUDGE 28th November 2024 simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SIMRANDEEP KAUR 2024.11.29 14:58 I attest to the accuracy and integrity of this document