Kamal v. State Of Haryana

Crl. Misc. No. M-35306 of 2016 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-35306 of 2016 Date of decision :- 21.10.2016 Kamal ....Petitioner versus State of Haryana

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Virender Soni, Advocate for the petitioner Ms. Mahima Yashpal, A.A.G, Haryana **** RITU BAHRI , J. (Oral) Prayer in this petition is for grant of regular bail to the petitioner, in a case arising out of FIR No. 653 dated 20.05.2016, registered at Police Station City Panipat, District Panipat, who has been booked for having committed the offence punishable under Sections 363/366-A IPC and Section 18 of POCSO Act.

The allegations against the petitioner is that he has committed rape upon the prosecutrix by enticing away the daughter of the complainant.

Learned counsel for the petitioner submits that the daughter of the complainant was in love with the petitioner and was pressurizing the petitioner for performing marriage with her.

Learned State counsel on instructions stated that in the statement recorded under Section 164 Cr.P.C of the prosecutrix, she stated that the petitioner had promised to marry her. She was 17 years old at the GAURAV ARORA 2016.10.24 14:26 I attest to the accuracy and integrity of this document

Crl. Misc. No. M-35306 of 2016 -2time of alleged incident. The petitioner is in custody since 23.05.2016 Keeping in view the fact that the trial is likely to take some time to conclude, the present petition is allowed. Petitioner is ordered to be released on bail during pendency of the trial of the present case, subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Panipat.

21.10.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2016.10.24 14:26 I attest to the accuracy and integrity of this document