Naresh v. State Of Haryana

CRM-M No.36070 of 2021 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.36070 of 2021 Date of Decision:08.09.2021 (Heard through VC) Naresh

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. Ramnish Puri, Advocate for the petitioner.

Mr. Dhruv Sihag, AAG, Haryana.

**** 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.104 dated 28.03.2021 under Sections 147, 149, 323, 355, 376, 511, 379-A, 427 IPC registered at Police Station Sadar Narwana, District Jind.

Counsel for the petitioner would contend that the petitioner has been falsely implicated in the said matter and is in custody since 29.03.2021. It is further contended that accused has been nominated in the FIR only on the basis of disclosure statement of one of the co-accused-Joginder Singh. It is argued that the prosecutrix and her gang are in the habit of extorting money by implicating persons with an allegation of offence under Section 376 IPC. In this regard, an FIR has already been registered against them. It is submitted that a demand of `10 lakhs has been made by complainant-Nisha Parihar and her companion-Sandeep Kumar and an amount of `2.5 lakhs was recovered POONAM BHATT 2021.09.09 17:39 I attest to the accuracy and integrity of this document

CRM-M No.36070 of 2021 -2from them with specific denomination as given to the police. It is also submitted that the investigation has been completed and challan stands presented, therefore, custody of the petitioner would no longer be required. Further the co-accused namely Sandeep, who had been nominated on the basis of disclosure statement of Joginder Singh, has already been granted regular bail by this Court vide order dated 29.07.2021 passed in CRM-M No.28219 of Learned counsel for the respondent-State opposes grant of regular bail to the petitioner while pointing to the seriousness of allegations levelled against him, however, he does not dispute the fact that the matter has been investigated and the challan stands presented.

I have heard counsel for the parties and in view of the fact that investigation has been completed and challan stands presented and the fact that trial is likely to take some time to conclude, 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 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) September 08, 2021 JUDGE P.Bhatt Whether speaking/reasoned Yes/No Whether reportable Yes/No POONAM BHATT 2021.09.09 17:39 I attest to the accuracy and integrity of this document