Karambir v. State Of Haryana

2023:PHHC:080265 CRM-M-13581-2023 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-13581-2023 (O&M) Date of Decision:-01.06.2023 Karambir ......Petitioner

Versus

State of Haryana ......Respondent CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Vikram Singh, Advocate for the petitioner. Mr. Brijesh Sharma, AAG, Haryana.

**** ALOK JAIN, J. (Oral) CRM-24673-2023 1.

The present application has been filed seeking preponement of the date of hearing in the main petition which has been listed for 04.07.2023.

2.

For the reasons mentioned in the application, the same is allowed and the main case is taken on Board today itself. CRM-24676-2023 1.

The present application has been filed for placing on record the statement of complainant dated 09.05.2023 as Annexure P-3. 2.

Application is allowed as prayed for. Annexure P-3 is taken on record, subject to all just exceptions.

PARUL 2023.06.08 17:05 I attest to the accuracy and authenticity of this document

2023:PHHC:080265 CRM-M-13581-2023 (O&M) CRM-M-13581-2023 1.

The present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.25 dated 14.02.2022 under Section 323, 506, 376 (2)(n) and 450 of the Indian Penal Code, 1860 (Section 6 of Prevention of Children from Sexual Offences Act, 2012 added later on), registered at Police Station Women Karnal, District Karnal.

2.

Learned State counsel has submitted that the DNA Profile is matching with the DNA Profile obtained from blood sample of the accused. 3.

Learned counsel for the petitioner vehemently argues that the age of the prosecutrix is still in dispute and she was not a minor at that age, as per the testimony of the prosecutrix as well as the mother of the complainant. The said question is left open to be decided in the evidence, however, it is not a ground to grant a concession of bail to the petitioner. 4.

However, this order shall not be construed as any expression of opinion on the merits of the case, which shall be decided on its own merits.

5.

Accordingly, the present petition stands dismissed. (ALOK JAIN) JUDGE June 01, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.06.08 17:05 I attest to the accuracy and authenticity of this document