High Court of Punjab and HaryanaCRM-M/54286/2018disposed of

Sahil v. State Of Haryana

2018-12-13Mr. Justice Fateh Deep Singh2 pages

Criminal Misc. No. M-54286 of 2018 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-54286 of 2018 (O&M) Date of decision : December 13, 2018 Sahil ....Petitioner versus State of Haryana ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. Amit Kumar Goyal, Advocate, for the petitioner Mr. Gaurav Bansal, AAG, Haryana for the State Fateh Deep Singh, J. (Oral) The allegations against accused-petitioner in this first bail application under Section 439 Cr.P.C. filed in case FIR No. 163 dated 28.5.2018 under Sections 363, 366-A IPC, Police Station Old Subzi Mandi, Rohtak levelled by Anil Kumar father of the girl aged around 16 years that during the night of 27.5.2018 around 9.00 PM he found that his daughter had gone missing and has got the present case registered against the petitioner leading to his arrest on 10.7.2018. Mr. Amit Kumar Goyal, learned counsel for the petitioner interalia contends that the girl and the boy were in a relationship and that the case has been got registered on mere suspicion and has sought to place on DALBIR SINGH TIWANA 2018.12.15 10:36 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Misc. No. M-54286 of 2018 (O&M) -2record attested true copy of original affidavit moved by the complainant accepting that it was an outcome of suspicion that he has got the case registered against the petitioner and that he does not object to allowing the bail.

The factual scenario is not displaced by Mr. Gaurav Bansal, AAG, Haryana and who could not oppose the factum that the complainant has filed an affidavit before the trial court, copy of which has been placed on record of this case.

Keeping in view the stand of the two sides, a debatable issue having been arisen as to the applicability of Sections 363, 366-A IPC and which can only be adjudicated at the time of trial. The petitioner is behind the bars since long time and the trial is not likely to be concluded in near future, no purpose will be served by retaining the petitioner in jail. Accordingly, he is ordered to be released on regular bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Rohtak. The present petition stands disposed off accordingly. The observations made herein above shall have no bearing on the merits of the case as these are purely for the disposal of the present bail application.

( Fateh Deep Singh ) December 13, 2018 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No DALBIR SINGH TIWANA 2018.12.15 10:36 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.