Ranbir And Others v. State Of Haryana And Another

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-33577-2019 (O&M) Date of Decision:-2.9.2019 Ranbir and others ... Petitioners

Versus

State of Haryana and another ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Gourave Bhayyia Gilhotra, Advocate for the petitioners. Mr. Ashok Singh Choudhary, Addl. Advocate General, Haryana, assisted by ASI Palo Rani.

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

The petitioners have approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.49 dated 3.8.2019 at Police Station Women City Dabwali, District Sirsa under Sections 376-D of Indian Penal Code, 1860 and Section 3 of SC & ST Act, 1989. 2.

Ms. Suman Kumari, Advocate has today put in appearance on behalf of the complainant Paramjit Kaur @ Jassi and has filed power of attorney, which is taken on record. The complainant Paramjit Kaur @ Jassi is also present in person.

3.

The FIR was registered at the instance of the prosecutrix, wherein it has been alleged that she had been raped by the accused. 4.

The learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in the present case and that the FIR came to be Pankaj Kakkar 2019.09.02 18:11 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-33577-2019 (O&M) lodged under some mistaken belief and that the prosecutrix had already furnished an affidavit (Annexure P-2), wherein she has deposed that the accused had not committed any wrong with her. 5.

The prosecutrix is present in Court alongwith her counsel and has also been identified by ASI Palo Rani, who is present in Court and who upon a query made by this Court has informed that the prosecutrix furnished an affidavit earlier and that she has no objection for grant of bail. 6.

To a similar effect is the statement of the prosecutrix, which has been annexed as Annexure P-3, which was recorded before the trial Court. 7.

In view of the aforestated position, wherein the prosecutrix has deposed in her affidavit that the accused have not committed any wrong with her and has no objection for grant of bail, the present petition is accepted and the petitioners are ordered to be released on bail subject to their furnishing bail bonds/surety bonds to the satisfaction of trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

8.

The present petition stands accepted accordingly. 2.9.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2019.09.02 18:11 I attest to the accuracy and integrity of this document