Ankit v. State Of Haryana And Another

 











 








 








 








 






  
  
  
 




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Petitioner has filed instant petition under Section 483 of 0 (

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 for grant of regular bail in FIR No.175 dated 04.05.2024 (Annexure P-1) under Section 34 of IPC, Section 4 of POCSO Act but during investigation later-on under Section 452 IPC added and Section 34 IPC deleted, registered at Police Station Butana, District Karnal, Haryana.
2.

Facts of the case are, complainant 'B' gave her statement that she is mother of four daughters and two sons. Her daughter 'A' aged about 17 years remained at home. On 03.05.2024 at about 2.30 pm when she was alone in the house, Ankit came and committed forcible rape with her. In the meantime, her youngest daughter returned from school and on seeing her Ankit fled away from the spot. With these allegations, present FIR has been


registered.

3.

Learned counsel for petitioner argued that he was arrested in this case on 06.05.2024 and since then he is behind the bars. Out of 19 prosecution witnesses, 3 witnesses have been examined i.e. victim, complainant as well as alleged eye witness, who have not supported prosecution case (Annexures P-3 to P-5). Trial in this case may take long time. His regular bail application was wrongly declined by learned Additional Sessions Judge, Karnal vide order dated 08.05.2025 (Annexure P-6). He is ready to abide by the terms of bail order. Therefore, his regular bail application may be allowed.

4.

Bail application is opposed by learned counsel representing State of Haryana. Status report has been filed. It is pointed out that the victim was medically examined from Government Hospital, Karnal. Report of FSL is Annexure R-1. Her statement was also recoded before Illaqa Magistrate, Karnal under Section 164 Cr.P.C. Investigation was completed and thereafter, challan was presented in the Court on 03.07.2024. After framing of chargesheet on 18.12.2024, four prosecution witnesses have been examined. Considering the gravity of offence, petitioner is not entitled to be released on regular bail.

5.

I have considered the arguments and have gone through the record. Petitioner was arrested in this case on 06.05.2024 and since then he is behind the bars. During trial, statements of material witnesses have been recorded i.e. victim - PW1 (Annexure P-3), complainant - PW2 (Annexure


P-4), sister of the victim as PW3 (Annexure P-5) and these witnesses did not support prosecution case. Along with the status report, report of Forensic Science Laboratory is also produced as Annexure R-1. Other prosecution witnesses are yet to be examined. Trial in this case may take some time. Evidence led before the trial Court will be appreciated at appropriate stage. 0 ( ( 2
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