High Court of Punjab and HaryanaCRM-M/45168/2021allowed

Uday Singh v. State Of Haryana

2021-11-02Ms. Justice Jaishree Thakur2 pages

CRM-M No.45168 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.45168 of 2021 (O&M) Date of Decision:02.11.2021 (Heard through VC) Uday Singh

...Petitioner

Versus

State of Haryana

...Respondent

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

Ms. Deepshikha Chauhan, AAG, Haryana.

**** JAISHREE THAKUR, J.

(ORAL) This is a petition that has been filed for grant of regular bail to the petitioner in FIR No.93 dated 06.07.2021 registered under Sections 354A(1)(iv), 509 IPC (Section 12 of the POCSO Act, 2012 added later on) at Police Station Women, Jind, District Jind. Learned counsel for the petitioner would contend false implication as no offence under Section 354A (1)(iv) IPC is made out. The petitoiner is in custody since 08.07.2021. It is contended that the material witnesses have been examined and therefore, the petitioner herein would not be in a position to influence them in any manner. The trial is likely to take some time to conclude and therefore, prays for concession of bail to the petitioner.

Learned counsel for the respondent-State opposes grant of regular bail to the petitioner by contending that the allegations levelled in the FIR are serious in nature, however, she does not dispute the fact the PANKAJ KUMAR 2021.11.02 15:49 I attest to the accuracy and integrity of this document

CRM-M No.45168 of 2021 (O&M) -2material witnesses stand examined.

I have heard learned counsel for the parties and have perused the paper book. Keeping in view the fact that the petitioner is in custody since 08.07.2021 and the material witnesses have already been examined and the fact that the trial is likely to take some time to conclude, no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of personal/ surety bond of `1 lakh each to the satisfaction of concerned trial Court/Duty Magistrate. It is made clear that the petitioner herein will not contact/harass the complainant/daughter of the complainant in any manner whatsoever. However, any observation made herein shall not be construed to be an expression on merits of the case. (JAISHREE THAKUR) November 02, 2021 JUDGE Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2021.11.02 15:49 I attest to the accuracy and integrity of this document