Sachin v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-16749-2020 (O&M) DATE OF DECISION : 13.08.2020 Sachin

...Petitioner

Versus

State of Haryana

...Respondent

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Saleem Ahmed, Advocate, for the petitioner.

Mr. Vikrant Pamboo, DAG, Haryana.

(Presence marked through video conference) ARUN MONGA, J. (ORAL) This is a petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.0057 dated 29.04.2020 under Section 506 of IPC and Section 12 of POCSO Act, registered at Police Station Rajka Meo, District Nuh.

2.

Allegations per complainant by one Sunder Singh are regarding the past molestation incidents with her minor daughter aged 15 years. FIR was registered and accused was arrested on 30.04.2020. 3.

Learned counsel for the petitioner contends that petitioner has been falsely implicated in the present case. He further submits that investigation is complete and report under Section 173 Cr.P.C. has already been filed. Charges are yet to be framed. Petitioner is in custody since 30.04.2020. 4.

Notice of motion.

5.

Mr. Vikrant Pamboo, DAG, Haryana who has joined the proceedings on service of advance copy of the petition, appears and accepts notice on behalf of State of Haryana.

SONU 2020.08.13 05:45 I attest to the accuracy and integrity of this document

6.

On a query of the Court, learned State counsel does not controvert the fact that investigation is over and challan has been presented. 7.

Having heard learned counsel for the petitioner, as well as learned State counsel, this Court is of the view that no useful purpose would be served by keeping the petitioner behind the bars since investigation is over and challan has already been filed. The petitioner is stated to be in custody since 30.04.2020. The trial is not likely to commence or conclude any time soon on account of current pandemic conditions caused by Covid-19. 8.

In the premise, the instant petition is allowed. Petitioner is ordered to be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of trial Court/Illaqa Magistrate/Duty Magistrate. (ARUN MONGA) August 13th 2020 JUDGE vandana Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No SONU 2020.08.13 05:45 I attest to the accuracy and integrity of this document