Karan v. State Of Haryana
2024:PHHC:102052
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of decision: 08.08.2024 ....Petitioner V/s State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL
Present:
***** SUMEET GOEL , J. (ORAL) 1.
Present petition has been filed under Section 483 of the BNSS, 2023, for grant of regular bail to the petitioner in case bearing FIR No.61 dated 15.03.2023 registered for the offences punishable under Section 4 of the Protection and Children from Sexual Offences Act, 2012 and Sections 365, 376(3) of the IPC and Section 323 of IPC (added lateron), at Police Station Bass, District Hansi.
2.
The case set up in the FIR in question is as follows:-
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3.
Learned counsel for the petitioner has argued that the petitioner is in custody since 23.03.2023. Learned counsel for the petitioner has further argued that there was consensual friendship between the petitioner and the victim which was not to the liking of the family of the victim and hence the petitioner has been falsely implicated in the FIR in question. Learned counsel for the petitioner has further argued that the contents of the FIR when juxtaposed with the statement made by the victim under Section 164 of Cr.P.C. on 16.03.2023 reflects that the victim has been feigning ignorance about what had happened. Thus, regular bail is prayed for.
4.
Learned counsel for the State has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and, thus, the petitioner does not deserve the concession of regular bail.
5.
I have heard counsel for the parties and have gone through the available records of the case.
6.
The petitioner was arrested on 23.03.2023 whereinafter investigation was carried out & challan was presented on 01.06.2023. Total 17 prosecution witnesses have been cited out of which the victim and the father of the victim/complainant, already stand examined as prosecution witnesses. The rival contentions of the learned counsel for the parties; as to whether the petitioner had a consensual friendship with the victim which was not to the liking of the family of the victim and hence the petitioner has been falsely implicated in the FIR as also the submission(s) made by the learned counsel for the petitioner that the contents of the FIR when juxtaposed with the statement made by the victim under Section 164 of Cr.P.C. on 16.03.2023, do not reflect falsity of the case in question; shall be gone into during the course of trial.
This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the prosecution evidence. Petitioner is a young man aged about 24 years old. As per the custody certificate dated 07.08.2024 filed by the learned State counsel, the petitioner has suffered incarceration for a period of more than 1 year 4 months and 15 days & is not shown to be involved in any other case. Suffice to say, further detention of the petitioner as an undertrial is not warranted.
7.
In view of totality of the factual matrix of the present case, the instant petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the learned concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.
(iii) The petitioner shall not absent himself on any date before the trial.
(iv) The petitioner shall not commit any offence while on bail.
(v) The petitioner shall deposit his passport, if any, with the trial Court.
(vi) The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate.
(vii) The petitioner shall not in any manner try to delay the trial.
8.
In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner.
9.
Ordered accordingly.
10.
Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.
11.
Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off.
3 Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No