Saurabh Sharma v. State Of Haryana

2023:PHHC:098347 CRM-M-32745-2022 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32745-2022 Date of Decision: 01.08.2023 Saurabh Sharma ...... Petitioner

Versus

State of Haryana ......... Respondent

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Himmat Singh Deol, Advocate, for the petitioner.

Mr. Karan Sharma, DAG, Haryana, for the respondent.

***** RAJBIR SEHRAWAT, J. (ORAL) The present petition has been filed by the petitioner under Section 439 Cr.P.C for grant of bail pending trial in case FIR No.88 dated 17.02.2022 registered under Sections 8, 10, 12 and 18 of the Protection of Children from Sexual Offences Act, 2012, at Police Station City Rewari, District Rewari.

It is submitted by the learned counsel for the petitioner that the case against the petitioner is totally false and was created with malafide intention of the police. Even the alleged victim has not supported the case of the prosecution. There is no other case against the petitioner. The petitioner is in custody since 17.02.2022. Hence, the petitioner deserves to be released on bail pending trial.

On the other hand, learned counsel for the State, on instructions from PSI Deepak, has submitted that the petitioner is involved in a heinous VIRENDRA SINGH ADHIKARI 2023.08.02 11:50 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

2023:PHHC:098347 CRM-M-32745-2022 -2crime. However, it is not disputed that the victim has not supported the case of the prosecution. It is also not disputed that there is no other case against the petitioner and that the petitioner is in custody since 17.02.2022. In view the above, but without expressing any further opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial subject to his furnishing bail bonds/surety to the satisfaction of the Trial Court/Duty Magistrate, concerned.

(RAJBIR SEHRAWAT) JUDGE 01.08.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.08.02 11:50 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh