Sagar v. State Of Punjab And ANR

PANKAJ KUMAR 2021.07.29 16:25 I am the author of this document CRM-M No.27705 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.27705 of 2021 (O&M) Date of Decision:28.07.2021 (Heard through VC) Sagar

...Petitioner

Versus

State of Punjab and another

...Respondents

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

Mr. Amit Mehta, Sr. DAG, Punjab.

Mr. S.P. Singh, Advocate for the complainant.

**** JAISHREE THAKUR, J.

(ORAL) This is a petition that has been filed for grant of regular bail to the petitioner in FIR No.203 dated 08.10.2020 registered under Sections 376-D and 328 IPC at Police Station Mohkampura, District Amritsar. Learned counsel for the petitioner herein would contend that the petitioner has been implicated falsely in the said FIR, while contending that FSL report available does not support the allegations of offence of rape. It is further contended that the co-accused have already been granted concession of bail by this Court vide orders dated 02.07.2021 passed in CRM-M No.3481 of 2021 and CRM-M No.10845 of 2021 respectively. Apart from that, it is also argued that the challan stands presented and the matter has been compromised between the parties, therefore, likelihood of petitioner's influencing the complainant would not arise.

CRM-M No.27705 of 2021 (O&M) -2Learned counsel for the respondent-State opposes grant of bail to the petitioner by contending that the allegations levelled against him are serious in nature, however, he does not dispute the fact that the matter has been investigated and the challan stands presented. Learned counsel appearing on behalf of the complainant admits to the factum of compromise and would submit that the complainant would have no objection in case regular bail is granted to the petitioner. I have heard learned counsel for the parties. Keeping in view the fact that the matter has been compromised between the parties and the challan stands presented and the fact that co-accused have been granted concession of bail by this Court, 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 28, 2021 JUDGE Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No