Anil Kumar v. State Of Haryana

CRM-M-40615-2024
Sr. No.227

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-40615-2024 Date of decision: 03rd September 2024 ANIL KUMAR ........Petitioner versus STATE OF HARYANA .......Respondent

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Daljeet Singh Virk, Advocate for the petitioner.

Mr. Kirpal Singh Thakur, AAG, Haryana, assisted by SI Balkrishan.

HARPREET KAUR JEEWAN, J. (ORAL) 1.

The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the petitioner in case bearing FIR No.326 dated 01.12.2023, under Sections 363, 366-A, 376(2)(n), 506, 420, 467, 468, 471, 344 read with Section 120-B and 34 IPC, 1860; Sections 6, 17 of Protection of Children from Sexual Offences Act, 2012 and Sections 9, 10, 11 of Protection of Child Marriage Act, 2006, registered at Police Station Nathusarai Chopta, District Sirsa (Annexure P-1) 2.

Learned counsel for the petitioner inter alia contends that there are no allegations of sexual abuse against the petitioner. The petitioner is alleged to have made a payment to the co-accused for preparing an academic certificate. The petitioner has been falsely implicated in the present case as he is the relative of co-accused Sunil Kumar, who is alleged to have solemnized marriage with the prosecutrix.

SIMRANDEEP KAUR 2024.09.04 10:20 I attest to the accuracy and integrity of this order/judgment.

CRM-M-40615-2024  3.

On the other hand, learned State counsel has opposed the present petition on the ground of gravity of allegations levelled against the petitioner. 4.

Learned State counsel has filed custody certificate of the petitioner dated 02.09.2024, reflecting his period of custody as 05 months and 06 days, which is taken on record. As per the custody certificate, there is no history of any other case pending against the petitioner.

5.

I have heard the learned counsel for the parties and perused the relevant documents.

6.

Investigation is complete. Final report/challan under Section 173 Cr.P.C. has been presented before the trial Court. Conclusion of trial is likely to take some time. No useful purpose would be served by keeping the petitioner in custody during trial, as such, without expressing anything on the merits of the case and keeping in view the above facts, the present petition is allowed. 7.

The petitioner is ordered to be released on regular bail, subject to his furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

8.

Pending miscellaneous application(s), if any, shall stand disposed of. (HARPREET KAUR JEEWAN) JUDGE 03rd September 2024 simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SIMRANDEEP KAUR 2024.09.04 10:20 I attest to the accuracy and integrity of this order/judgment.