Dinesh Kumar v. State Of Punjab

CRM-M-41829-2024
Sr. No.228

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-41829-2024 Date of decision: 03rd September 2024 DINESH KUMAR ........Petitioner versus STATE OF PUNJAB .......Respondent

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Karanjeet Singh Brar, Advocate for the petitioner.

Mr. Kirpal Singh Thakur, AAG, Haryana.

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.101 dated 15.06.2024, under Sections 376, 506 IPC, 1860, registered at Police Station City Sri Muktsar Sahib, District Muktsar Sahib (Annexure P-1) 2.

Learned counsel for the petitioner contends that both the petitioner and the prosecutrix are major. The petitioner has been falsely implicated in the present case. He is in custody since 18.06.2024. Investigation is complete. The petitioner is ready to face the trial.

3.

On the other hand, learned State counsel has opposed the present petition on the ground of gravity of allegations levelled against the petitioner.  Learned State counsel has filed custody certificate of the petitioner dated 01.09.2024, reflecting his period of custody as 02 months and 14 days, which is taken on record.

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

CRM-M-41829-2024  4.1 The learned State counsel has submitted a copy of the statement of the prosecutrix recorded under Section 164 Cr.P.C., which is taken on record. 5.

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

6.

The prosecutrix has not stated anything incriminating against the petitioner in her statement recorded under Section 164 Cr.P.C. 7.

Investigation is complete. Final report/challan under Section 173 Cr.P.C. has been presented before the trial Court. Both the petitioner and the prosecutrix are major. 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. 8.

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.

9.

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.