High Court of Punjab and HaryanaCRM-M/31672/2016allowed

Gaurav Ahuja v. State Of Haryana

2016-09-14Mrs. Justice Raj Rahul Garg2 pages

CRM-M-31672-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-31672-2016 Date of Decision:- 14.09.2016 Gaurav Ahuja ....Petitioner

Versus

State of Haryana ....Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Chirag Kundu, Advocate, for the petitioner. Ms. Mahima Yashpal, AAG, Haryana.

**** RITU BAHRI, J. (Oral) Present petition is for release of petitioner on regular bail in FIR No.352 dated 02.05.2016, under Sections 346, 363 and 376 IPC and under Section 4 of the POCSO Act, registered at Police Station City Gurgaon.

Learned counsel for the petitioner submits that daughter of the complainant was missing on 01.05.2016. She was found on 06.05.2016 by her father himself and produced before the police where while recording statement under Section 164 Cr.P.C., she has not attributed any role to the present petitioner for kidnaping.

Learned State counsel, on instructions from investigating officer, has informed that the charges in the present case have been framed on 26.07.2016 and out of total 17 witnesses, none has been examined so far. Naresh Kumar 2016.09.16 15:42 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-31672-2016 -2I have heard the learned counsel for the parties and with their able assistance gone through the material available on record. The petitioner was arrested on 07.05.2016. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. The final conclusion of trial will take a long time. In view of above facts, the present petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of learned trial Judge/Duty Magistrate, Gurgaon.

Needless to mention that, nothing observed here-in-above, would reflect, on merits in the trial of the main case, in any manner. September 14, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.09.16 15:42 I attest to the accuracy and integrity of this document Chandigarh