Naveen v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision:5.9.2019 NAVEEN .....Petitioner

Versus

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

Present:

Mr. Abhimayu Singh, Advocate for the petitioner.

Mr. Tanuj Sharma, AAG, Haryana.

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

The petitioner seeks grant of regular bail in case registered vide FIR No.167 dated 17.6.2019 under Sections 323, 328, 344, 379, 376 and 34 IPC, registered at Police Station Siwani, District Siwani. 2.

The FIR was registered at the instance of Jamna wife of Raju aged about 45 years, wherein it has been alleged that on 30.5.2019 she had gone to Siwani in order to make some purchases wherein she met Suman along

( 2 ) with her brother Naveen, who offered her some juice. Thereafter she was kept at Railway Station for 4-5 days and they used to give her some intoxicating substance. She was also kept at Suman's residence and was later thrown out of house on 16.6.2019 after giving beatings. It is further alleged that Naveen, Suman, Suman's husband Dholu Ram and Naveen's mother Kela had taken away her cash and jewellery. It is further the case of the prosecution that subsequently the complainant got her statement recorded before a Magistrate and on the basis of which offence under Section 376 IPC was also added.

3.

Learned counsel for the petitioner has submitted that he has falsely been implicated in the present case and that in fact the misunderstandings between the parties have now been resolved and a compromise has been effected.

4.

Ms. Harman Kaur, Advocate has put in appearance on behalf of the complainant and has filed power of attorney, which is taken on record. The complainant Jamna Devi is also present in person who has been identified by ASI Ramesh Kumar. Upon an inquiry made by this Court the complainant has informed that matter has been resolved amongst the parties and she has no objection for grant of bail. 5.

I have considered rival submissions addressed before this Court. Keeping in view aforesaid factual position wherein the parties are stated to have resolved their issues and the complainant has no objection for grant of bail and while also bearing in mind that the investigation has also been concluded and challan has been presented, no case for further detention of the petitioner made out.

The petition, as such, is accepted and it is The petition, as such, is accepted and it is

( 3 ) ordered that petitioner be released on bail on his furnishing bail ordered that petitioner be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate, concerned.

Magistrate/Duty Magistrate, concerned.

( GURVINDER SINGH GILL) 5.9.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No