Rakesh v. State Of Haryana

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 07.11.2024 Rakesh ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Yashveer Kharb, Advocate, for the petitioner. Mr. Vishal Kashyap, DAG, Haryana.

Mr. Rajesh Bansal, Advocate, for the complainant. ***** FIR NO.

DATE POLICE STATION OFFENCES 255 02.05.2024 Old Industrial Panipat, District Panipat 120-B, 201, 379-A, 384 and 389 IPC (final report under Section 173 Cr.P.C. filed under Sections 120-B, 201, 384, 389, 392, 34 IPC) GURVINDER SINGH GILL , J . (Oral) 1.

The instant petition has been filed on behalf of the petitioner seeking grant of regular bail in respect of aforementioned FIR. 2.

The allegations, in nutshell, are that Manisha, Krishan Panchal and the petitioner had given a spiked cold drink to the complainant and that after consuming the same he lost his senses and that the accused

- 2 - had made an obscene naked video and had been blackmailing him ever since while threatening to make the same viral and on the said pretext had forced him to pay an amount of Rs.40 lakhs in cash and that also to transfer an amount of Rs.18,40,130/-. 3.

Learned counsel for the petitioner submitted that he has falsely been implicated in the present case and as a matter of fact the complainant as well as the accused have resolved the matter amicably and a compromise has been effected.

4.

Learned counsel appearing on behalf of the complainant has endorsed the factum of compromise.

5.

Learned State counsel has however, opposed the petition while submitting that it is a case where the police during investigation has collected sufficient evidence against the petitioner. It has been informed that the petitioner as on date has been behind bars since the last about 5 months and 29 days and that although challan is presented, but charges are yet to be framed and as many as 19 PWs have been cited.

6.

This Court has considered rival submissions addressed before this Court.

7.

Admittedly the investigation is already complete and challan stands presented, but charges are yet to be framed. Since, as many as 19 PWs have been cited, it goes without saying that conclusion of trail

- 3 - will take time even if charges are ultimately framed. In any case, the matter is stated to have been amicably resolved amongst the parties. Under these circumstances, no useful purpose would be served by keeping the petitioner behind bars. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned. 07.11.2024 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No