High Court of Punjab and HaryanaCRM-M/47666/2018allowed

Ramakant v. State Of Haryana

2018-11-01Mr. Justice Jasgurpreet Singh Puri2 pages

CRM-M-47666-2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-47666-2018 Date of decision: 01.11.2018 Ramakant

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Gaurav Singla, Advocate, for the petitioner.

Ms. Gaganpreet Kaur, AAG, Haryana.

**** 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 case FIR No.122 dated 28.02.2018 under Sections 323/376/506 IPC and SC/ST Act, 1989, registered at Police Station Kotwali, Faridabad. Learned counsel for the petitioner contends that there is an inordinate delay in filing of the said FIR and the matter has been investigated, challan has been presented and the statement of the prosecutrix has been recorded. It is submitted that the petitioner has been falsely implicated in the present case. He further submits that conclusion of trial SATYAWAN 2018.11.02 17:20 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-47666-2018 will take sufficient time, therefore, the petitioner is entitled to be enlarged on bail.

Per contra, learned counsel appearing on behalf of respondent State, on instructions from the Investigating Officer, oppose the grant of regular bail to the petitioner, while submitting that offences alleged against the petitioner are serious in nature, however, she does not dispute the fact that the the matter has been investigated and the challan has been presented. She further submits that out of total 15 prosecution witnesses, 3 have been examined.

I have heard learned counsel for the parties. Since, the matter has been investigated; the challan has been presented and statement of the prosecutrix has been recorded; the trial is likely to take some time, no useful purpose would be served in keeping the petitioner behind bars. At this stage, without commenting on the merits of the case, the instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal bonds and surety bonds to the satisfaction of concerned trial Court/Duty Magistrate. 01.11.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

SATYAWAN 2018.11.02 17:20 I attest to the accuracy and authenticity of this document High Court Chandigarh