High Court of Punjab and HaryanaCRM-M/19925/2016allowed

Azad v. State Of Haryana

2016-07-27Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-19925 of 2016 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-19925 of 2016 Date of decision : 27.07.2016 Azad ....Petitioner versus State of Haryana

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Sanjay Vashishth, Advocate, for the petitioner Ms. Mahima Yashpal, A.A.G, Haryana **** RITU BAHRI , J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner, in a case arising out of FIR No. 56 dated 24.11.2015, registered at Women Police Station Bhiwani, District Bhiwani, who has been booked for having committed the offence punishable under Sections 450/506/376 (d)/34 (challaned u/s 450/506/376(2)/34 IPC) There is a lot of discrepancy in the statement of the complainant made under Section 164 Cr.P.C and while appearing as P.W.9, as in the statement under Section 164 Cr.P.C, she stated that she is being raped by the petitioner, as he threatened her to kill by gun and while appearing as P.W.9, she stated that the petitioner raped her by threatening the complainant to kill by pistol.

Further as per discharge application of co-accused Kuldeep Singh, it seems that the prosecutrix has manipulated and concocted a false GAURAV ARORA 2016.08.01 11:19 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-19925 of 2016 -2story, as the talk of compromise was going on between the parties. Learned State counsel on instructions from ASI Suman Rani has informed the Court that no pistol has been recovered till date. Further out of 16 witnesses, 10 have been examined so far. Petitioner is in custody since 04.09.2015.

Keeping in view the period of incarceration of the petitioner, this court feels that there is no need to detain the petitioner any longer. Accordingly, the present petition is allowed. Petitioner is ordered to be released on bail during pendency of the trial of the present case, subject to her furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Bhiwani. 27.07.2016 (RITU BAHRI) G Arora JUDGE GAURAV ARORA 2016.08.01 11:19 I attest to the accuracy and integrity of this document