Satvir v. State Of Haryana & ANR

CRM No.M-41541 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M- 41541 of 2017(O&M) Date of Decision: January 25 , 2018.

Satvir ...... PETITIONER (s)

Versus

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

Present:

Mr. Ankur Lal, Advocate for the petitioner.

Mr. Anmol Malik, AAG, Haryana.

Mr. S.S.Khurana, Advocate for respondent No.2.

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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.

Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.890 dated 28.09.2017 under Section 376 IPC and Sections 8/6 of the Protection of Children from Sexual Offences Act, 2012, registered at Police Station Saran, District Faridabad.

It is submitted that the petitioner has been falsely implicated in this case at the instance of the grandmother and paternal aunt of the victim. The petitioner and the mother of the victim (an employee of the petitioner) had developed affinity with each other. The petitioner, it is submitted, always treated the alleged victim as his own daughter. Moreover, the victim as well as her mother Omkar Singh 2018.01.25 18:07 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-41541 of 2017 -2have clearly stated that the FIR was registered due to undue influence exerted by the paternal grandmother and aunt of the victim with whom the victim's mother had strained relations. Father of the victim had passed away in the year 2012. It is thus prayed that this petition be allowed.

It is to be noted that the victim/respondent No.2 alongwith her mother, duly identified by her counsel as well as ASI Rajesh, had come present before this Court on 09.11.2017. It was stated that the abovesaid FIR was registered on account of the influence of the grandmother of the victim. Learned counsel for the complainant/victim states that his client has no objection in case this petition is allowed. Learned counsel for the State, on instructions from ASI Vikram Singh, submits that the petitioner has joined investigation. The petitioner, it is verified, is not involved in any other criminal case. 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 as above but without commenting upon or expressing any opinion on the merits of the case, this petition is allowed. Consequently, order dated 09.11.2017 is made absolute. 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 ) January 25 , 2018.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Omkar Singh 2018.01.25 18:07 I attest to the accuracy and authenticity of this document Chandigarh