Akshay v. State Of Haryana

CRM-M-53691-2018 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-53691-2018 Date of Decision: 10.12.2018 Akshay

...Petitioner

Versus

State of Haryana

...Respondent

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

Ms. Gaganpreet Kaur, AAG, Haryana.

***** JAISHREE THAKUR, J.

(Oral) The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.118 dated 14.04.2018, under Sections 363, 366 & 376 of Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012, registered at Police Station Ganaur, District Sonepat. Learned counsel for the petitioner contends that the material witnesses i.e. the prosecutrix, her mother and the complainant have turned hostile.

Per contra, learned counsel appearing on behalf of respondentState, on instructions from the Investigating officer opposes the grant of regular bail to the petitioner, while submitting that offences alleged against SATYAWAN 2018.12.10 17:15 I attest to the accuracy and integrity of this document

CRM-M-53691-2018 -2the petitioner are serious in nature, however, she does not dispute the fact that the material witnesses i.e. the prosecutrix, her mother and the complainant have turned hostile.

I have heard learned counsel for the parties. Since, the material witnesses i.e. the prosecutrix, her mother and the complainant have turned hostile, 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 bond and surety bonds to the satisfaction of concerned trial Court/Duty Magistrate.

(JAISHREE THAKUR) 10.12.2018 JUDGE satyawan Whether speaking/reasoned Yes Whether reportable Yes/No SATYAWAN 2018.12.10 17:15 I attest to the accuracy and integrity of this document