Mandeep Kumar @ Monu And ANR v. State Of Ut Chandigarh

PANKAJ KUMAR 2021.08.25 11:33 I am the author of this document CRM-M No.33544 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.33544 of 2021 (O&M) Date of Decision:24.08.2021 (Heard through VC) Mandeep Kumar @ Monu and another

...Petitioners

Versus

State of U.T., Chandigarh

...Respondent

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. R.S. Bains, Senior Advocate with Mr. Mohan Singh Chauhan, Advocate for the petitioners.

Mr. A.M. Punchhi, P.P., U.T., Chandigarh.

**** JAISHREE THAKUR, J.

(ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.117 dated 06.07.2020 under Sections 376D IPC registered at Police Station, Industrial Area, U.T., Chandigarh.

Learned senior counsel for the petitioners herein prays for regular bail to the petitioner by contending that the petitioner has been falsely implicated in the said FIR, as would be evident from the fact that the prosecutrix has turned hostile and not supported the version of the prosecution. It is also contended that the petitioners are in custody since 15.03.2021 and the trial is likely to take some time to conclude, therefore, prays for grant of concession of bail to the petitioners. Learned counsel for the respondent-U.T., Chandigarh would oppose grant of bail to the petitioners by contending that the allegations

CRM-M No.33544 of 2021 (O&M) -2levelled against them are serious in nature, however, he does not dispute the fact that the prosecutrix has turned hostile. I have heard counsel for the parties. Keeping in view the fact that statement of the prosecutrix has been recorded in which she did not support the prosecution version and the trial is likely to take some time to conclude, no useful purpose would be served in keeping the petitioners behind bars. The instant petition is allowed and the petitioners are 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) August 24, 2021 JUDGE Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No