High Court of Punjab and HaryanaCRM-M/18028/2021allowed

Binder v. State Of Haryana

2021-05-19Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-18028-2021 Decided on : 19.05.2021 Binder . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. Munish Mittal, Advocate for the petitioner(s).

Ms. Tanushree Gupta, DAG, Haryana assisted by SI Roshan Lal.

**** MANJARI NEHRU KAUL, J. (Oral) The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 502, dated 10.11.2017, under Sections 363, 366-A, 120-B, 34 of IPC, registered at Police Safidon, District Jind.

Learned counsel for the petitioner contends that the petitioner has been in custody since 09th July, 2018. He further submits that it is a case of false implication, inasmuch as, both the victims were not even recovered from his custody nor was anything stated against him by either of the victims in their statements made under Section 164 Cr.P.C.

Per contra, learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioner, on instructions from SI Roshan Lal, has conceded that the victims were not recovered from the custody of the petitioner, rather recovered from some Women's Hostel in Mumbai. She has submitted that the only role attributed to the petitioner was of enticing away the victims along with the co-accused with whom they solemnized JAWALA RAM 2021.05.19 16:07 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-18028-2021 - 2 - marriage. She has further submitted that the prosecution evidence is due to conclude shortly and the delay has been on account of the outbreak of the pandemic COVID-19.

Heard.

In view of the submissions made by learned counsel for the parties, I deem it a fit case for grant of the concession of regular bail to the petitioner, as the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19. The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed hereinabove shall not be construed as an expression of opinion on the merits of the case.

(MANJARI NEHRU KAUL) JUDGE May 19, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.05.19 16:07 I attest to the accuracy and authenticity of this document Chandigarh