Lakshit Alias Lucky v. State Of Haryana




    


 



  


 



  


 



  


 



 

  
  
  
 


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Mr. Viney Saini, AAG, Haryana.
Mr. Rajesh Gupta, Advocate with Mr. Ramandeep Singh, Advocate for the complainant.



 
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1.

Petitioner has filed instant petition under Section 482 of 3 .

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; for grant of anticipatory bail in FIR No.139 dated 09.04.2024 under Section 6 of POCSO Act and Sections 376 (2) (n), 342, 354D, 366 and 506 of IPC registered at Police Station Ganaur, District Sonipat.
2.

Learned counsel for petitioner argued that initially, the FIR was registered against the petitioner under Section 354-A, 506 of IPC and Section 12 of POCSO Act. He was granted regular bail in the aforesaid FIR in a case bearing CRM-M-53286-2024 by the Coordinate Bench vide order dated 12.11.2024 (Annexure P-2). On completion of investigation, challan was presented and learned Additional Sessions Judge, Fast Track Special


 
Court (POCSO), Sonepat vide order dated 12.03.2025 (Annexure P-3) framed chargesheet for the offence under Section 6 of POCSO Act and in alternate Section 376 (2) (n) of IPC, Section 12 of POCSO Act and in alternative Section 354A IPC as well as under Section 342, 354-D, 366 and 506 of IPC. Petitioner was granted 40 days time either to produce the bail order or to surrender before this Court. As a result, present bail petition was filed on addition of aforesaid offences. It is pointed out that petitioner was granted interim relief vide order dated 27.03.2025 and accordingly, he is facing the trial. Petitioner is ready to abide by the terms and conditions of bail order imposed by this Court.

3.

Learned counsel representing State assisted by counsel for complainant pointed out that petitioner has filed present bail petition without filing bail application before the trial Court. There are specific serious allegations against the petitioner. Considering the gravity of offence, petitioner is not entitled to the relief of anticipatory bail in the aforesaid offences.

4.

I have considered the aforesaid factual position. It is matter of record that earlier petitioner was granted regular bail for the offence under Section 354-A, 506 of IPC and Section 12 of POCSO Act in CRM-M53286-2024 vide order dated 12.11.2024 (Annexure P-2). This order shows that petitioner was arrested on 15.04.2024 and thereafter he was granted regular bail. Admittedly, petitioner has already joined the investigation. After completion of investigation, challan is already presented. Additional offences are included in the chargesheet vide order dated 12.03.2025 (Annexure P-3). In light of aforesaid factual position, petitioner is not


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required to join the investigation. He is also facing trial. No purpose would be served by sending him behind the bars. Therefore, petitioner be not arrested for the additional offence under Sections 6 & 12 of POCSO Act and Section 342, 354-D and 366 of IPC and be released on bail to the satisfaction of trial Court concerned.

5.

Bail petition is allowed accordingly.

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