High Court of Punjab and HaryanaCRM-M/14766/2021allowed

Ramji Lal v. State Of Haryana

2021-07-14Ms. Justice Jaishree Thakur2 pages

PANKAJ KUMAR 2021.07.16 18:31 CRM-M No.14766 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.14766 of 2021 (O&M) Date of Decision:14.07.2021 (Heard through VC) Ramji Lal

...Petitioner

Versus

State of Haryana

...Respondent

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

Mr. Dhruv Sihag, AAG, Haryana.

**** JAISHREE THAKUR, J.

(ORAL) CRM No.12369 of 2021 The application for preponing the date of hearing of the main petition has been rendered infructuous as the instant application itself has been taken up on the date already fixed i.e. 14.07.2021. Dismissed as having become infructuous.

CRM-M No.14766 of 2021 This is a petition that has been filed for grant of regular bail to the petitioners in FIR No.6 dated 28.02.2021 registered under Section 10 of the POCSO Act and Section 506 IPC at Women Police Station, Narnaul, District Mahendergarh.

Learned counsel for the petitioner herein would contend that the petitioner has been implicated falsely in the said FIR. In fact, the victim is the great grand daughter of real brother of the petitioner and the lodging of instant FIR is nothing but an outcome of an inter se dispute in both the families. The petitioner herein is aged 77 years and is in custody since 01.03.2021. The investigation in the matter has been completed and the

CRM-M No.14766 of 2021 (O&M) -2challan stands presented. The trial is likely to take some time to conclude and therefore, prays for concession of bail to the petitioner. It is also submitted that the petitioner herein undertakes that he will not enter Narnaul, District Mahendergarh till such time as statement of the prosecutrix is recorded.

Learned counsel for the respondent-State opposes grant of bail to the petitioner by contending that the allegations levelled against him are serious in nature, however, he does not dispute the fact that the investigation has been completed and the challan stands presented. I have heard learned counsel for the parties. Keeping in view the fact that the investigation has been completed and the challan stands presented and the fact that the trial is likely to take some time to conclude owing to present COVID-19 pandemic situation, no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond of Rs.50,000/- to the satisfaction of concerned trial Court/Duty Magistrate.

The petitioner shall also furnish an undertaking before the trial Court/Duty Magistrate that he will not enter Narnaul, District Mahendergarh till such time as statement of the prosecutrix is recorded except on the dates of hearing before the trial Court when his presence is required. However, any observation made herein shall not be construed to be an expression on merits of the case.