High Court of Punjab and HaryanaCRM-M/40589/2016allowed

Harjit Kumar v. State Of Punjab

2016-12-14Mrs. Justice Raj Rahul Garg2 pages

Crl. Misc. No. M-40589 of 2016 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-40589 of 2016 Date of decision :- 14.12.2016 Harjit Kumar ....Petitioner versus State of Punjab

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. R.S. Manhas, Advocate for the petitioner Mr K.D. Sachdev, Addl.A.G, Punjab **** 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. 21 dated 18.02.2016, registered at Police Station Divn. No. 2, Pathankot District Pathankot, who has been booked for having committed the offence punishable under Section 376/420/120-B IPC.

The allegation against the petitioner that he had allured the the complainant and developed physical relations with her with the promise that he will marry her. F.I.R has been registered after a gap of 02 years. The complainant was major at the time of alleged incident. The complainant lodged the F.I.R against the petitioner as the petitioner solemnized marriage on 05.02.2016 with one Aarti and it seems to be a case of one sided love.

Learned State counsel on instruction submits that charges have been framed on 28.11.2016 and out of 19 witnesses, none have been GAURAV ARORA 2016.12.16 15:56 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc. No. M-40589 of 2016 -2examined so far. Heard.

Petitioner is in custody since 23.09.2016 Keeping in view the fact that the trial is likely to take some time to conclude and the fact that the prosecutrix was major at the time of alleged incident, 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, Pathankot.

14.12.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2016.12.16 15:56 I attest to the accuracy and integrity of this document Chandigarh