High Court of Punjab and HaryanaCRM-M/12952/2021allowed

Indrawati v. State Of Haryana

2021-07-28Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-12952-2021 Decided on : 28.07.2021 Indrawati . . . Petitioner(s)

Versus

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

Ms. Tanushree Gupta, DAG, Haryana assisted by SI Sushila.

Mr. Jasbir Mor, Advocate for the complainant.

**** 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. 75, dated 26.10.2020, under Sections 376(2)(n), 406, 506, 120-B of IPC and Section 6 of the POCSO Act, 2012, registered at Police Station Women Rohtak, District Rohtak.

Learned State counsel has apprised the Court that the evidence of the prosecutrix stands concluded. However, she has not been able to controvert the fact that the allegations levelled against the petitioner is of being a mute spectator when the prosecutrix was being forced into immoral trafficking by the co-accused i.e. her husband Karambir. Heard.

The petitioner is a lady and has been in custody since 17th November, 2020. There is no likelihood of the trial concluding anytime in JAWALA RAM 2021.07.28 17:16 I attest to the accuracy and integrity of this document

CRM-M-12952-2021 - 2 - the near future, as 16 prosecution witnesses remained to be examined. The prosecutrix, who is the main witness has already been examined. Therefore, there is no likelihood of the petitioner tampering with the evidence or trying to influence the prosecutrix to depose in her favour. In the circumstances, I deem it a fit case for grant of the concession of regular bail to the petitioner. 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 July 28, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.07.28 17:16 I attest to the accuracy and integrity of this document