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High Court of Punjab and HaryanaCRM-M/40782/2016allowed

Sadhu @ Sunil v. State Of Haryana

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

Crl. Misc. No. M-40782 of 2016 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-40782 of 2016 Date of decision :- 14.12.2016 Sadhu @ Sunil ....Petitioner versus State of Haryana

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Vikas Bhardwaj, Advocate for the petitioner Ms. Mahima Yashpal, AAG, 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. 90 dated 20.01.2016, registered at Police Station City Panipat, District Panipat, who has been booked for having committed the offence punishable under Section 363/366-A IPC and Section 6 of POCSO Act.

The allegation against the petitioner that he had enticed the daughter of the complainant who was 15 years of age at the time of alleged incident.

Learned State counsel on instruction submits that the daughter of the complainant was recovered from the petitioner and further submits that 03 material witnesses have turned hostile during trial. Learned State counsel has referred to statement of the prosecutrix given under Section 164 Cr.P.C wherein she stated that she was in love with the petitioner and she had accompanied the petitioner on GAURAV ARORA 2016.12.15 16:13 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc. No. M-40782 of 2016 -2her own. She was known to the petitioner for the last about 04 years and no wrong act has been committed with her by any of the accused. Heard.

Petitioner is in custody since 24.01.2016 Keeping in view the fact that the trial is likely to take some time to conclude and the fact that the prosecutrix in her statement stated that she was having love affair with the petitioner, 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. 14.12.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2016.12.15 16:13 I attest to the accuracy and integrity of this document Chandigarh