Angrejo Devi v. State Of Haryana
[1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Criminal Misc. No.M- 17543 of 2017(O&M) Date of Decision: May 22 , 2017.
Angrejo Devi ...... PETITIONER (s)
Versus
State of Haryana ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL
Present:
Mr. Virendra Verma, Advocate for Mr. Anmol Verma, Advocate for the petitioner.
Mr. Anmol Malik, AAG, Haryana.
*****
1. Whether reporters of local papers may be allowed to see the judgment?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.
The petitioner prays for bail pending trial in FIR No.103 dated 24.12.2016 under Sections 342/506/120B IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012, registered at Police Station Women, Jind.
It is submitted that the petitioner has been falsely implicated in this case with an ulterior motive as the complainant's father suspected the petitioner to have submitted a complaint dated 21.12.2016 alongwith other
[2] persons before the Protection Officer, Jind. Complaint dated 21.12.2016 was submitted by some of the residents of the village against the father of the complainant alleging that he had sold his minor daughter (victim) to some one at Hisar. It is further mentioned in this complaint that two years prior thereto he had sold his elder daughter for a sum of `50,000/-. At that time, it was with the intervention of the administration that solemnization of marriage of his elder daughter was stopped. The complainant and the petitioner belong to the same community and caste. The complainant's father had felt slighted when his elder daughter's marriage was set at naught and he believed that the petitioner was instrumental in the same. It is in these circumstances that the present FIR has been registered on 24.12.
2016 raising allegations against the present petitioner as well as her son Gogi alongwith one Rakesh after complaint dated 21.12.2016 was submitted. It is submitted that Gogi i.e., the petitioner's son is 100% physically disabled and he has been found to be innocent during investigation. It is submitted that the victim, in fact, has a certain affection for co-accused Rakesh. Rakesh is in custody. Final report under Section 173 Cr.P.C. has been presented. The petitioner is not involved in any other case. Therefore, this petition be allowed. Learned counsel for the State, on instructions from SHO Roshni Devi, verifies that a complaint dated 21.12.2016 was received before the Protection Officer, Jind. It is however submitted that the present FIR has been registered on specific allegations raised by the complainant.
Report under Section 173 Cr.P.C. is verified to have been presented in this case. The petitioner, it is affirmed, is not involved in any other criminal case.
[3] The petitioner is in custody since 14.02.2017. Trial in this case is not likely to conclude in the near future. There are no allegations on behalf of the State that the petitioner is likely to abscond or that she is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. Keeping in view the facts and circumstances as above but without commenting upon or expressing any opinion on the merits of the case, this petition filed by Angrejo Devi is allowed. The petitioner shall be released on bail pending trial subject to her furnishing requisite bail bonds and surety to the satisfaction of the learned Trial Court.
It is clarified that none of the observations made hereinabove shall be construed to be a reflection on the merits of the case. The same are solely confined for the purpose of decision of the present petition. It is made clear that the petitioner shall not in any manner try to contact the victim or any of the witnesses in this case. ( LISA GILL ) May 22 , 2017.
JUDGE 'om'
Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No