High Court of Punjab and HaryanaCRM-M/29498/2015allowed

Kajol v. State Of Haryana

2015-09-09Mr. Justice S.C. Malte3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: September 09, 2015 Kajol

...Petitioner

Versus

The State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr.Gorakh Nath, Advocate, for the petitioner.

Mr.Kuldeep Tiwari, Addl.AG, Haryana.

Naresh Kumar Sanghi, J.(Oral) Prayer in this petition, filed under Section 439, Cr.P.C, is for grant of regular bail to the petitioner, Kajol, who has been booked for having committed the offences punishable under Sections 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956, in a case arising out of FIR No.244, dated 08.04.2015, registered at Police Station, Civil Lines, Karnal.

Learned counsel contends that the petitioner, who is a woman, is aged about 23 years; she is neither required nor involved in any other case; she is behind the bars from 08.04.2015; despite the fact that the petitioner was arrested on 08.04.2015, the charge-sheet (report under Section 173, Cr.P.C.) has not been presented; the limitation for filing the chargesheet (report under Section 173, Cr.P.C.) is 90 days from the SEEMA RANI 2015.09.09 16:55 I attest the accuracy and authencity of the document

[2] date of the judicial custody of the accused and as such, the petitioner is entitled to bail as per Section 167(2), Cr.P.C.; the eight co-accused of the petitioner have already been granted the benefit of bail by different Courts including this Court and that the further incarceration of the petitioner is not of worth. Learned counsel for the State, on instructions from SI Rameshwar Singh, Police Station, Civil Lines, Karnal, has not controverted the factual aspects raised by learned counsel for the petitioner.

Keeping in view the facts and circumstances of the case, the present petition is allowed. Petitioner-Kajol, d/o Gosai Vishwas, r/o Kadai Tola, Police Station, Dhantoli, District Navra, Calcutta (West Bengal), presently at Dawat Hotel, Karnal, Haryana, is ordered to be released on bail, during pendency of trial of the present case, subject to her furnishing bail bond in the sum of `75,000/- (Rupees seventy five thousand only) with two sureties in the like amount to the satisfaction of learned Area Judicial Magistrate/Duty Magistrate.

September 09, 2015 (Naresh Kumar Sanghi) seema Judge

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