Mohammad Mosim v. State Of Haryana

Sr. No. 103

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-22716 of 2020 (O&M) Date of Decision: 09.10.2020 Mohammad Mosim

...Petitioner

Vs.

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE ARUN MONGA Present :

Ms. Vijay Lakshmi, Advocate, for the petitioner.

Mr. Bhupender Singh, DAG, Haryana. .

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) Petition herein is under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.30 dated 02.03.2020, registered under Sections 342, 376, 452, 506 IPC, at Police Station Buria, District Yamuna Nagar.

2.

Apropos order dated 30.09.2020, learned State counsel submits that he is under instructions to state that the contents of the affidavit dated 22.07.2020 (Annexure P-2) were inquired into and have been verified. The same have been found to be correct. He submits that the prosecutrix and the accused were in a consensual relationship at the relevant time. prosecutrix has re-affirmed the contents of the affidavit by stating that the accused did not commit any wrong with her.

3.

Learned State counsel submits that upon inquiry, in fact, it turned out that the prosecutrix and accused are currently in cordial terms. Prosecutrix has moved on to choose another partner in life and has got married. She is currently residing at Saharanpur at her matrimonial home. 4.

That being the position, without commenting anything on the merits of the case since the prosecutrix does not seem to be pressing any PRADEEP NAUTIYAL 2020.10.10 00:00 I attest to the accuracy and integrity of this document

charges against the accused, I see no reason as to why the petitioner be kept in any further preventive custody.

5.

In the premise, the petition is allowed. Petitioner shall be released on bail on his furnishing bail bonds and surety bonds to the satisfaction of concerned Chief Judicial Magistrate/ Duty Magistrate, as the case may be OCTOBER 09, 2020 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PRADEEP NAUTIYAL 2020.10.10 00:00 I attest to the accuracy and integrity of this document