High Court of Punjab and HaryanaCRM-M/42741/2015allowed

Akshay Sharma v. State Of Haryana

2015-12-24Mr. Justice S.P. Bangarh2 pages

CRM-M 42741/2015(O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:24.12.2015 Akshay Sharma .............Petitioner v.

State of Haryana .............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Kanwaljit Singh,Senior Advocate assisted by Mr.Jaswant Singh,Advocate for the petitioner. Mr.RK Doon,AAG Haryana Jaswant Singh,J.(Oral) Prayer is for grant of regular bail in case FIR No.96 dated 5.3.2015 under Sections 376,109,498-A,506,323,34 IPC, PS Old Faridabad.

Complainant Richa Sharma is wife of present petitioneraccused. Marriage between them was solemnised on 29.11.2013. Allegations against the petitioner are that he facilitated commission of rape by accused Jija-Parkash of the present petitioner upon complainant since the sister of the accused was unable to conceive a child.

It is contended that allegations were investigated by an officer of the rank of ACP and petitioner was found innocent of the charges under Section 376 IPC. Challan was presented only under RAJINDER PRASHAD JOSHI 2015.12.24 16:19 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

CRM-M 42741/2015(O&M) Section 498-A,323,506 and regular bail was granted on 12.5.2015. However, in the light of protest petition offence under Section 376 IPC has been added. It is next contended that charges have not yet been framed.

Learned State counsel on instructions from SI Mohinder Pal does not refute the aforesaid factual position. Without expressing anything on the merits of the case, keeping in view the fact that charges are yet to be framed and the trial is not likely to be concluded in near future and no useful purpose would be served by keeping the petitioner in custody, the present petition is allowed and petitioner is directed to be released on bail subject to the satisfaction of CJM/Duty Magistrate,Faridabad. 24.12.2015.

(Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2015.12.24 16:19 I attest to the accuracy and authenticity of this document High Court, Chandigarh.