High Court of Punjab and HaryanaCRM-M/15171/2020allowed

Deepak v. State Of Haryana

2020-06-24Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-15171-2020 Decided on : 24.06.2020 Deepak . . . Petitioner(s)

Versus

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

**** MANJARI NEHRU KAUL , J.

Due to the outbreak of pandemic COVID-19, the instant case is being taken up for hearing through video conferencing. The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No. 282, dated 07.11.2018, under Sections 342, 343, 506 IPC and Section 6 of POCSO Act, 2012, registered at Police Station Sadar Narwana.

Notice of motion.

On the asking of the Court, Mr. Deepak Sabherwal, Addl. AG, Haryana, accepts notice on behalf of the State. Learned counsel for the petitioner inter alia contends that the petitioner is a victim of false implication in the FIR in question. He further contends that only 02 out of 13 prosecution witnesses cited, have been examined so far. The said fact is also not controverted by the learned State counsel.

Learned counsel for the petitioner further submits that despite repeated adjournments granted by the Court below for the evidence of the prosecutrix, she has not put in appearance and this fact has not been JAWALA RAM 2020.06.25 16:19 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-15171-2020 - 2 - disputed by the learned State counsel as well. Heard.

In view of the submissions made by learned counsel for the parties and keeping in view the fact that the petitioner has been behind bars since 08th November, 2018, no useful purpose would be served in keeping the petitioner behind bars, as the trial is unlikely to conclude in the near future, more so in the prevailing conditions due to the outbreak of pandemic COVID-19. Therefore, I deem it a fit case for grant of the concession of regular bail. 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 June 24, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.06.25 16:19 I attest to the accuracy and authenticity of this document Chandigarh