High Court of Punjab and HaryanaCRM-M/18502/2022allowed

Govind v. State Of Haryana

2023-01-16Mr. Justice Tribhuvan Dahiya2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CRM-M No.18502 of 2022 Date of Decision : 16.1.2023 Govind ..... Petitioner versus State of Haryana ..... Respondent CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

Mr. Rajesh Bansal, Advocate, for the petitioner Ms. Ankita Ahuja, AAG, Haryana Mr. Lajpat Rai Sharma, Advocate, for the complainant --- TRIBHUVAN DAHIYA J. (ORAL):

This is a petition under Section 439 Cr.P.C. seeking regular bail to the petitioner in case FIR No.376 dated 25.5.2021 under Sections 365 IPC (Sections 363, 366 and 34 IPC and Section 6 of POCSO Act added later on, and Section 365 IPC deleted), registered at Police Station Old Industrial Panipat, District Panipat.

Learned counsel for the petitioner contends that FIR was lodged by the victim's father alleging that her daughter was untraceable. Later on she was recovered along with the petitioner/ accused from Delhi. As per the prosecutrix's statement recorded under Section 164 Cr.P.C., she went with the petitioner after stealing money from her house and both of them lived in a rented accommodation for seven days. He further submits that trial of the case is not proceeding. An application filed under Section 319 Cr.P.C. to summon Renu as additional accused has been allowed which will further delay the trial. Learned State counsel, on instructions from ASI Narender Kumar, submits that three out of seven witnesses have been examined, which includes the prosecutrix and her father/complainant. DNA report is awaited. The ASHWANI KUMAR 2023.01.17 10:10 I attest to the accuracy and integrity of this document

CRM-M No.18502 of 2022 -2petitioner is in custody since 9.6.2021.

In this background, without commenting upon the merits of the case, and keeping in view the fact that the trial of the case will take a long time to conclude, this Court is of the view that the petitioner deserves to be released on bail.

Accordingly, the petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(TRIBHUVAN DAHIYA) JUDGE 16.1.2023 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHWANI KUMAR 2023.01.17 10:10 I attest to the accuracy and integrity of this document