Narender v. State Of Haryana

Crl. Misc. No. M-41024 of 2017 [ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No. M-41024 of 2017 Date of Decision : November 07, 2017 Narender .......................................................................Petitioner

Versus

State of Haryana............................................................ Respondent CORAM : HON'BLE MRS. JUSTICE LISA GILL ...

Present:

Mr. R.S.Malik, Advocate for the petitioner.

Mr. Sanjay K. Saini, AAG, Haryana.

...

LISA GILL, J. (Oral) The petitioner seeks the concession of bail pending trial in FIR No. 174 dated 12.05.2017 under Section 10 of the Protection of Children from Sexual Offences Act, 2012 registered at Police Station Kundli, Sonepat.

It is submitted that the petitioner has been falsely implicated in this case. In fact, the complainant i.e. the father of the victim PW2 has not supported the prosecution version while testifying before the learned trial Court on 27.09.2017. The victim's mother PW3 as well as the independent witness PW1 have also not supported the prosecution case. Copies of the statements of PW1, PW2 and PW3 are attached as Annexures P-1, P2 and P3 with this petition.

Rupinder Kaur 2017.11.08 10:40 I attest to the accuracy and integrity of this document Learned counsel for the State is unable to deny that the

Crl. Misc. No. M-41024 of 2017 [ 2 ] complainant as well as the material witnesses have not supported the prosecution version. It is verified, on instructions, from ASI Devender Singh, Police Station Kundli, Sonepat, that the petitioner is not reported to be involved in any other criminal case. There are no allegations that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. No useful purpose shall be served by keeping the petitioner incarcerated any longer.

Keeping in view the facts and circumstances noted above but without expressing any opinion on the merits of case, it is considered just and expedient to allow this petition. Consequently, 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. None of the observations made here-in-above shall be construed to be a reflection on merits of the case and shall have no bearing on trial.

( LISA GILL ) 07.11.2017 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:

Yes / No Rupinder Kaur 2017.11.08 10:40 I attest to the accuracy and integrity of this document