High Court of Punjab and HaryanaCRM-M/14758/2017allowed

Naveen v. State Of Haryana

2017-05-18Mr. Justice Fateh Deep Singh2 pages

CRM No.M-14758 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-14758 of 2017 Decided on: 18.05.2017 Naveen ....Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MRS JUSTICE REKHA MITTAL Present :

Mr. P.S. Sullar, Advocate for the petitioner. Mr. Vikas Malik, DAG, Haryana.

REKHA MITTAL, J. (Oral) The petitioner prays for grant of regular bail under Section 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.41 dated 16.06.2016, for offence punishable under Sections 506 of the Indian Penal Code, 1860 (in short 'IPC') and 6 of the Protection of Children from Sexual Offences Act, 2012 registered in Police Station Women Cell, Panipat, District Panipat.

Counsel for the petitioner has submitted that with regard to the alleged occurrence dated 10.06.2016, FIR was registered on 16.06.2016 whereby the prosecutrix has indicted the petitioner and two more boys. During investigation, other two persons were declared innocent and challan has been presented only against the petitioner. The prosecutrix was examined by the trial Court but she has failed to support case of the prosecution. The petitioner is in custody since 17.06.2016 and is ready to face the proceedings, in accordance with law.

Counsel for the State has not disputed the factual Mohd. Yakub 2017.05.18 15:17 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-14758 of 2017 assertions but opposed the prayer for bail.

I have heard counsel for the parties, perused the paperbook and the police records.

The material witness in the case namely the prosecutrix has already been examined but she has not supported case of the prosecution. Conclusion of the trial may take some time. There is no allegation against the petitioner that he is likely to flee from process of justice in case released on bail.

Without meaning to express any opinion on merits of the controversy, bail to the petitioner subject to satisfaction of the trial Court. However, he shall remain bound by the following conditions:- (i) He shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade his/her from disclosing such facts to the Court or to any police officer; and (ii) He shall not leave India without the previous permission of the Court.

18.05.2017 (REKHA MITTAL) yakub JUDGE Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2017.05.18 15:17 I attest to the accuracy and authenticity of this document Chandigarh