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High Court of Punjab and HaryanaCRM-M/26585/2023allowed

Vikas v. State Of Haryana

2023-05-302 pages

CRM-M-26585 of 2023 -12023:PHHC:079683

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-26585 of 2023 Date of Decision: 30.05.2023 Vikas .... Petitioner

Versus

State of Haryana .... Respondent CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Present:

Mr.Vivek Goyal, Advocate for the petitioner.

Mr. Vipul Sherwal, AAG, Haryana.

***** SANJEEV PRAKASH SHARMA, J (ORAL) This is a petition filed under Section 439 Cr.P.C. for seeking regular bail in FIR No.828 dated 08.09.2022 registered under Section 323, 342, 354-D, 376(2) (n) 506 IPC registered at Police Station Shahabad, District Kurukshetra.

Learned counsel for the petitioner submits that the prosecutrix had earlier also registered a case vide FIR No.336 dated 01.07.2022 against the petitioner for similar allegations wherein she later on gave an affidavit and withdrew the same wherein allegations were similar. However, in the said case she gave an affidavit that she had willingly gone with the petitioner and she also stated that her parental family members as well as her husband would not give threat to the petitioner. Later on she has lodged the present FIR as the petitioner has refused to get marriage to her and he wish to get marriage with some other person. Learned counsel for the petitioner further submits that the petitioner is engaged since 25.12.2022 and the charge sheet has already been filed.

RAMAN KUMAR 2023.05.31 16:26 I attest to the accuracy and integrity of this document

CRM-M-26585 of 2023 -22023:PHHC:079683 I have considered the submissions and having taking into consideration the aforesaid facts, this Court prima facie finds that the offence under Section 376 has been alleged on account of discord between the prosecutrix and the petitioner. However, without further commenting on the merits of the case, I am inclined to grant bail to the petitioner subject to furnishing of bail bond with a surety of Rs.20,000/- of the like amount. Accordingly, the petition stands allowed.

(SANJEEV PRAKASH SHARMA) JUDGE 30.05.2023 Raman Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No RAMAN KUMAR 2023.05.31 16:26 I attest to the accuracy and integrity of this document