High Court of Punjab and HaryanaCRM-M/36860/2019dismissed

Vikas v. State Of Haryana

2019-11-27Mr. Justice Fateh Deep Singh2 pages

Criminal Misc. No. M-36860 of 2019 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-36860 of 2019 (O&M) Date of decision : November 27, 2019 Vikas ....Petitioner versus State of Haryana ....Respondent Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. Sawan Chaudhary, Advocate, for the petitioner Mr. Baljinder Virk, DAG, Haryana for the State with ASI Jagdeep Fateh Deep Singh, J. (Oral) The allegations in this case against petitioner Vikas have been levelled by one Surat Singh father of a girl aged around 17 alleging that during night of 31.5.2018 while the family was sleeping and when the next morning they woke up found the minor daughter missing leading to registration of the present case. The prosecutrix was got recovered on 9.6.2018 and her statement under Section 164 Cr.P.C. was got recorded before the SDJM whereby the girl testified that the accused has forcibly taken her from the home to Haridwar, Badri Nath and Delhi where she was defiled. Learned counsel for the petitioner inter alia contends that DALBIR SINGH TIWANA 2019.12.02 11:08 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Misc. No. M-36860 of 2019 (O&M) -2the petitioner is behind the bars since a long time and it was only a platonic relationship and nothing by way of medical evidence has come to defilement and trial is not likely to be concluded soon. Learned State counsel has opposed the grant of bail on the grounds that a young minor girl has been ravished by the accused and in view of heinousness of the offence disentiles to any relief.

What has come about before this Court and projected in the arguments of the two sides, the girl is shown to be a minor. The medical evidence corroborates the likelihood of the girl being defiled. More-so in view of the seriousness of the offence and the apprehension of the State that if allowed bail, the petitioner might stifle the trial is not unfounded. Finding no merit, the instant petition stands dismissed.

The observations made herein above shall have no bearing on the merits of the case as these are purely for the disposal of the present bail application.

( Fateh Deep Singh ) November 27, 2019 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No DALBIR SINGH TIWANA 2019.12.02 11:08 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.