Raj Kumar @ Raju v. State Of U.T. Chandigarh And Others

PANKAJ KUMAR 2021.07.30 17:27 I am the author of this document CRM-M No.27435 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.27435 of 2021 (O&M) Date of Decision:29.07.2021 (Heard through VC) Raj Kumar @ Raju

...Petitioner

Versus

State of U.T., Chandigarh and others

...Respondents

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. Karan Singla, Advocate for the petitioner.

Mr. Shashank Bhandari, APP, U.T., Chandigarh. Ms. Nikita Sharma, Advocate for the complainant.

**** JAISHREE THAKUR, J.

(ORAL) This is a petition that has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.108 dated 14.05.2020 registered under Sections 363 and 366 IPC at Police Station, Mauli Jagran. Learned counsel for the petitioner herein would contend that the petitioner has been falsely implicated in the said FIR. In fact, the petitioner and the prosecutrix had solemnized marriage and she is presently living with the family of the petitioner. Moreover, the matter has been compromised between the parties and the complainant has given an affidavit, which is available on record as Annexure P-4, to the effect that he has no objection in case the petitioner is released on bail. The investigation has been completed and the challan stands presented and therefore, custody of the petitioner would no longer be required.

CRM-M No.27435 of 2021 (O&M) -2Learned counsel appearing on behalf of the respondent-U.T., Administration opposes grant of bail to the petitioner, however, is not in a position to dispute the fact that the investigation has been completed and the challan stands presented.

At this stage, appearance has been caused on behalf of the complainant, who admits to the factum of compromise and submits that the complainant has no objection in case the petitioner is granted concession of bail.

I have heard learned counsel for the parties. Keeping in view the fact that the investigation has been completed and the challan stands presented and moreover, the matter has been compromised between the parties, no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) July 29, 2021 JUDGE Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No