Rizwan @ Jaan v. State Of Haryana

-1CRM-M-14399 of 2020 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-14399 of 2020 (O&M) Date of Decision: 24.06.2020 Rizwan @ Jaan

...Petitioner

Versus

State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Mr. Mazlish Khan, Advocate, for the petitioner. Mr. Munish Sharma, AAG, Haryana.

RAMENDRA JAIN, J. (ORAL) The case has been taken up for hearing through video conferencing.

Through instant petition under Section 439 Cr.P.C. prayer has been made for grant of regular bail to petitioner - Rizwan @ Jaan - in case arising from FIR No.247 dated 28.11.2019 registered under Sections 18 of the Protection of Children from Sexual Offences Act, 67A of the IT Act, 354C, 506 and 509 IPC (Section 18 of the POCSO Act and Section 354C IPC were deleted and Section 8 of the POCSO Act, Sections 354, 201 IPC were added lateron) pertaining to Police Station Women, Panipat. According to prosecution, petitioner tried to physically exploit the victim, a minor girl, and also took her some objectionable photographs in his mobile phone and then threatened her to make them viral on social media. Finally, he circulated those photographs in his friend circle, besides RAVINDER SINGH 2020.06.25 16:33 I attest to the accuracy and integrity of this document

-2CRM-M-14399 of 2020 (O&M) uploading them on social media.

Learned counsel inter alia contends that petitioner did not commit any such crime. Prosecutrix refused for her medical examination. She stated on oath that no wrong has been committed with her. Petitioner is innocent. He is in custody since 09.12.2019. Conclusion of trial may take a sufficient long time. No useful purpose would be served by detaining the petitioner in jail any more.

On the other hand, learned State counsel vehemently opposed the grant of regular bail to the petitioner.

Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, the petition is allowed. Consequently, petitioner - Rizwan @ Jaan - is ordered to be released on bail during pendency of trial, if not required in any other case, on his furnishing bail bonds and surety bonds of two local heavy sureties with proof of their property in District Panipat to the satisfaction of Trial Court/Duty Magistrate concerned, inasmuch as there is every likelihood of absconding the petitioner, being a resident of Uttar Pradesh. (RAMENDRA JAIN) June 24, 2020 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2020.06.25 16:33 I attest to the accuracy and integrity of this document