High Court of Punjab and HaryanaCRM-M/38724/2020allowed

Guddu v. State Of Haryana

2021-09-16Ms. Justice Jaishree Thakur2 pages

CRM-M No.38724 of 2020 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.38724 of 2020 Date of Decision:16.09.2021 (Heard through VC) Guddu

...Petitioner

Versus

State of Haryana and another

...Respondents

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. Shiv Kumar, Advocate for the petitioner.

Ms. Deepshikha Chauhan, AAG, Haryana.

**** JAISHREE THAKUR, J.

( ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.206 dated 31.03.2020 under Sections 363, 366-A IPC (Section 6 of the POCSO Act added later on) registered at Police Station Sector-7, District Faridabad. Counsel for the petitioner would contend that the petitioner has been falsely implicated in the said matter. It is argued that all the material witnesses have been examined and in fact the prosecutrix has clearly stated that petitioner-Guddu did not commit rape in his Jhuggi in Faridabad. It is further contended that the FSL report does not support the allegations of offence under Section 376 IPC. It is submitted that custody of the petitioner would no longer be required as the statement of the material witnesses have been recorded and he would not be able to influence complainant in any manner whatsoever, therefore, prays for concession of bail to the petitioner. Whereas, counsel for the respondent-State would oppose grant POONAM BHATT 2021.09.17 16:29 I attest to the accuracy and integrity of this document

CRM-M No.38724 of 2020 -2of regular bail to the petitioner by contending that the allegations levelled against him are serious in nature, however, does not dispute the fact that material witnesses have been examined and the FSL report has come negative.

I have heard counsel for the parties and keeping in view that fact that material witnesses have been recorded and FSL report has come negative and the fact that trial is likely to take some time to conclude, this Court deems it appropriate to allow regular bail to the petitioner. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of personal/surety bond of Rs.50,000/- each to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) September 16, 2021 JUDGE P.Bhatt Whether speaking/reasoned Yes/No Whether reportable Yes/No POONAM BHATT 2021.09.17 16:29 I attest to the accuracy and integrity of this document