High Court of Punjab and HaryanaCRM-M/26703/2023allowed

Vijay @ Dhilla v. State Of Haryana

2023-05-312 pages

CRM-M-26703 of 2023 -12023:PHHC:079384

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-26703 of 2023 Date of Decision: 31.05.2023 Vijay @ Dhilla .... Petitioner

Versus

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

Present:

Mr.Ajay Ghangas, 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.314 dated 13.08.2022 registered under Section 365, 376 (2) (n) of IPC and Section 4 & 6 of POCSO Act, registered at Police Station Murthal, Distt. Sonepat.

Learned counsel for the petitioner submits that the petitioner has no role in abduction or of having raped the minor girl, in fact the minor girl has given the statement in the Court stating that she left her parent's house in anger as she has been scolded by her parents and she reached Sonepat and from there she went to Kota (Rajasthan) and from there to Haridwar and the Haridwar Police caught her and brought her back and, thereafter, the police officials told her to name the accused Vijay. She has also denied that the petitioner to have accompanied her or that petitioner has committed any wrongful act with her.

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

CRM-M-26703 of 2023 -22023:PHHC:079384 She has identified the petitioner only as the Police had shown the petitioner to her. The statement made by the girl have been placed on record. The statement of the father of the girl has also been placed on record and he too does not support the case of the prosecution. Prima facie, it appears that involvement of the petitioner does not appear to be made out and seems to be a case of false acquisition by the Police. However, this aspect will be examined by the concerned Court. In view of the above submissions and taking into consideration the aforesaid facts, 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 31.05.2023 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