High Court of Punjab and HaryanaCRM-M/26770/2020allowed

Pardeep Kumar Alais Rohit v. State Of Haryana

2020-09-11Ms. Justice Jaishree Thakur2 pages

CRM-M No.26770 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.26770 of 2020 (O&M) Date of Decision.11.09.2020 (Heard through VC) Pardeep Kumar @ Rohit

...Petitioner

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Ms. Vijay Lakshmi, Advocate for the petitioner.

Ms. Deepshikha Chauhan, AAG, Haryana.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for grant of regular bail in case FIR No.80 dated 20.03.2019 under Section 376(n) IPC registered at Police Station Sadar Yamuna Nagar to the petitioner, who is in custody since 11.04.2019 in the aforesaid FIR.

Counsel for the petitioner herein would contend that the petitioner had falsely been implicated in the present case. It is further contended that statement of the prosecutrix has already been recorded and the trial is not proceeding further due to COVID-19 pandemic and therefore, prays for grant of regular bail.

Learned counsel appearing for the respondent-State opposes the grant of bail by contending that no ground is made out for grant of bail to the petitioner.

I have heard learned counsel for the parties. Keeping in view the fact that the petitioner is in custody since PANKAJ KUMAR 2020.09.11 14:41 I attest to the accuracy and integrity of this document

CRM-M No.26770 of 2020 (O&M) -211.04.2019 and statement of the prosecutrix has been recorded, coupled with the fact that the trial is likely to take some time to conclude as owing to novel corona virus pandemic, Courts are not working at their full strength and ordinary hearing matters are not being taken up, no useful purpose would be served by keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond to the satisfaction of concerned trial Court/Duty Magistrate. It is further directed that the petitioner would not make any attempt whatsoever to contact the complainant/prosecutrix and in case he does so, the respondent-State would be at liberty to seek cancellation of bail of the petitioner.

However, any observation made herein shall not be construed to be an expression on merits of the case. (JAISHREE THAKUR) JUDGE September 11, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.09.