Udai Vir v. State Of Haryana

CRM No.M-3623 of 2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M- 3623 of 2018(O&M) Date of Decision: February 27 , 2018.

Udai Vir ...... PETITIONER (s)

Versus

State of Haryana ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Ms. Deepa Jain, Advocate for the petitioner.

Mr. Ramesh Kumar Ambavta, AAG, Haryana.

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1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

The petitioner prays for bail pending trial in FIR No.1391 dated 20.11.2017 under Sections 323/376/377/406/511/498A/506 IPC, registered at Police Station City Ballabgarh, District Faridabad. The petitioner is the father-in-law of the complainant. It is submitted that absolutely false, baseless and incorrect allegations have been levelled against him due to matrimonial discord between the complainant and her husband i.e., the petitioner's son. The complainant, it is submitted, was never subjected to any kind of ill-treatment and harassment. No offence punishable under Section 376 read with Section 511 IPC is made out against the petitioner. The complainant Omkar Singh 2018.02.28 17:08 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-3623 of 2018 -2has in fact made an attempt to involve all the family members in this case. The complainant has levelled similar allegations against her brother-in-law i.e., the other son of the petitioner. Allegations of attempt of rape by the petitioner are absolutely false and incorrect. The petitioner, it is submitted, is not involved in any other criminal case and he undertakes not to misuse the concession of bail, if afforded to him. It is thus prayed that this petition be allowed. Learned counsel for the State, on instructions from ASI Fateh Singh, verifies that the final report under Section 173 Cr.P.C. has since been presented. The petitioner is not reported to be involved in any other criminal case. The other co-accused have been afforded the concession of bail pending trial. Trial in this case is not likely to conclude in the near future. There are no allegations on behalf of the State that the petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts before the Court, if released on bail.

Keeping in view the facts and circumstances of the case but without commenting upon or expressing any opinion on the merits thereof, this petition is allowed. The petitioner be released on bail pending trial subject to his furnishing requisite bail bonds and surety to the satisfaction of the learned Trial Court. It is clarified that none of the observations made hereinabove shall be construed to be a reflection on the merits of the case. The same are solely confined for the purpose of decision of the present petition. ( LISA GILL ) February 27 , 2018.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2018.02.28 17:08 I attest to the accuracy and authenticity of this document Chandigarh