Yashpal @ Yash v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-23678-2018 Date of decision: 16.07.2018 Yashpal @ Yash

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Aakash Singla, Advocate, for the petitioner.

Mr. P. P. Chahar, DAG, Haryana.

Mr. R.K. Chaudhary, Advocate, for the complainant.

**** JAISHREE THAKUR, J. (ORAL) This is a petition that has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 43 dated 24.01.2018 under Sections 148, 149, 323, 354, 452, 506 IPC, later on added 307 IPC and Section 8 of POCSO Act, registered at Police Station Rai, District Sonepat.

It is contended by learned counsel for the petitioner that the petitioner herein has been falsely implicated in this case; he has been in custody since 25.01.2018; no injury has been attributed to him; no recovery is to be effected from him; investigation in the case is complete, and the trial is likely to take some time to conclude.

Satyawan 2018.07.17 17:30 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-23678-2018 -2Mr. P. P. Chahar, learned DAG, Haryana opposes the grant of regular bail while submitting that the allegations are serious in nature. He further submits that the challan has been presented in this case. I have heard learned counsel for the parties and in view of the fact that the petitioner herein has been in custody since 25.01.2018; challan has been presented in the Court; and that no injury has been attributed to the petitioner herein, without expressing any opinion on merits of the case, the present petition is allowed. Petitioner is ordered to be released on regular bail on furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, concerned subject to following terms:- (i) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(ii) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the accused shall have to apply for bail afresh before the trial Court.

(iii) He shall not leave the country without the previous permission of the Court.

16.07.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

Satyawan 2018.07.17 17:30 I attest to the accuracy and authenticity of this document High Court Chandigarh