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High Court of Punjab and HaryanaCRM-M/30736/2019allowed

Bittu @ Gholu v. State Of Haryana

2019-09-12Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-30736-2019 Date of decision:12.9.2019 BITTU @ GHOLU .....Petitioner

Versus

STATE OF HARYANA .....Respondent **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. Robin Lohan, Advocate for the petitioner.

Ms. Aditi Girdhar, AAG, Haryana.

**** GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioner seeks grant of regular bail in case registered vide FIR No.313 dated 18.8.2018 under Section 201, 376(2)(n), 384, 506 IPC, registered at Police Station City Dadri, District Charkhi Dadri. 2.

The FIR was registered at the instance of prosecutix wherein she alleged that the petitioner had physically assaulted her, against her wishes. 3.

Learned counsel for the petitioner has submitted that he has falsely been implicated in the present case and that in fact the prosecutrix has been examined during the proceedings of the trial wherein she has categorically stated that petitioner had not committed rape upon her. GAURAV SOROT 2019.09.12 18:40 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-30736-2019 4.

Opposing the petition, learned State counsel has submitted that since the petitioner has specifically been named in the FIR, no case for grant of bail is made out. It has however been informed that the petitioner has been behind bars since last more than 1 year.

5.

Having considered rival contentions addressed before this Court and bearing in mind that fact that the complainant has not supported the case of prosecution and also that the petitioner has been behind bars since last 1 year, no fruitful purpose would be served by further detaining the , no fruitful purpose would be served by further detaining the petitioner behind bars. The petition, as such, is accepted and it is ordered petitioner behind bars. The petition, as such, is accepted and it is ordered that petitioner be released on bail on his furnishing bail bonds/surety that petitioner be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate, concerned.

Magistrate/Duty Magistrate, concerned.

( GURVINDER SINGH GILL) 12.9.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.09.12 18:40 I attest to the accuracy and integrity of this document