High Court of Punjab and HaryanaCRM-M/28382/2020allowed

Avtar @ Tari v. State Of Haryana

2021-07-05Ms. Justice Jaishree Thakur2 pages

CRM-M No.28382 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.28382 of 2020 (O&M) Date of Decision:05.07.2021 (Heard through VC) Avtar alias Tari

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. R.S. Mamli, Advocate and Mr. Lalit Singla, Advocate for the petitioner.

Mr. Dhruv Sihag, AAG, Haryana.

**** JAISHREE THAKUR, J.

(ORAL) This is a petition that has been filed for grant of regular bail to the petitioner in FIR No.111 dated 08.05.2019 registered under Sections 363, 366-A, 34 IPC and Section 3 of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Section 376-D IPC and Section 4 of the POCSO Act added later on) at Police Station Tohana, District Fatehabad, who is in custody since 27.05.2019. Learned counsel for the petitioner herein would contend that the petitioner has been implicated falsely in the said FIR. It is argued that the FSL report does not support the prosecution version. It is further argued that the investigation has been completed and the challan stands presented therefore, custody of the petitioner would no longer be required. Learned counsel for the respondent-State opposes grant of bail to the petitioner by contending that the allegations levelled against him are PANKAJ KUMAR 2021.07.06 16:02 I attest to the accuracy and integrity of this document

CRM-M No.28382 of 2020 (O&M) -2serious in nature, however, he does not dispute the fact that the investigation has been completed and the challan stands presented. I have heard learned counsel for the parties. Keeping in view the fact that the investigation has been completed and the challan stands presented and the trial is likely to take some time to conclude owing to present COVID-19 pandemic situation, no useful purpose would be served in 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. However, any observation made herein shall not be construed to be an expression on merits of the case. (JAISHREE THAKUR) July 05, 2021 JUDGE Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2021.07.06 16:02 I attest to the accuracy and integrity of this document