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High Court of Punjab and HaryanaCRM-M/9511/2020allowed

Shishpal @ Kuldeep v. State Of Haryana

2020-03-12Ms. Justice Jaishree Thakur2 pages

CRM-M No.9511 of 2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.9511 of 2020 Date of Decision:12.03.2020 Shishpal @ Kuldeep

...Petitioner

Versus

State of Haryana

...Respondent

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

Ms. Mahima Yashpal, DAG, Haryana.

-.- JAISHREE THAKUR, J. (ORAL) 1.

This is a petition that has been filed for grant of regular bail to the petitioner in case FIR No.111 dated 07.09.2019 registered under Sections 328, 354-D, 376(2)(n) and 506 IPC at Police Station Women, Narnaul, District Narnaul.

2.

Counsel for the petitioner would contend that allegations as set out in the FIR are patently false, considering the fact that FIR came to be registered on 7.9.2019 pertaining to an incident that purportedly took place two years ago. It is contended that he has been in custody 7.9.2019, however, the complainant is not coming forth to have her statement recorded, despite the fact that bailable warrants have been issued against her.

3.

Per contra, learned counsel appearing on behalf of the respondent-State opposes the bail application, while contending that the offences alleged against the petitioner are serious in nature, therefore, the petitioner is not entitled to concession of regular bail. PANKAJ KUMAR 2020.03.13 14:02 I attest to the accuracy and integrity of this document

CRM-M No.9511 of 2020 -24.

I have heard learned counsel for the parties. 5.

Since the trial is likely to take some time to conclude, considering the fact that complainant is not coming forth to have recorded her statement, no useful purpose would be served in keeping the petitioner behind the 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) JUDGE March 12, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.03.13 14:02 I attest to the accuracy and integrity of this document