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High Court of Punjab and HaryanaCRM-M/42716/2019allowed

Brijesh Kumar v. State Of Haryana

2019-10-15Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-42716-2019 Date of decision:15.10.2019 BRIJESH KUMAR .....Petitioner

Versus

STATE OF HARYANA .....Respondent **** CORAM : HON'BLE MR.JUSTICE GURVINDER SINGH GILL ****

Present:

Mr. Sandeep Kotla, Advocate for the petitioner.

Ms. Aditi Girdhar, AAG, Haryana.

**** GURVINDER SINGH GILL , J. (ORAL) 1.

The petitioner seeks grant of regular bail in case registered vide FIR No.341 dated 23.6.2019 under Sections 346, 342, 201 IPC and Section 4/20 of POCSO Act, Police Station Sector 9-A, Gurugram. 2.

The FIR was lodged at the instance of Akhilesh Kumar wherein it has been alleged that his daughter aged about 16 years went missing on 19.6.2019 and despite having made efforts for searching her she could not be found.

3.

Learned counsel for the petitioner has submitted that he is not named in the FIR and was subsequently nominated as an accused but in any case as of now i.e. after presentation of the challan, the material PWs including GAURAV SOROT 2019.10.15 16:10 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-42716-2019 the victim and complainant have already been examined and who had not supported the case of prosecution at all.

4.

The aforestated position is not disputed by learned State counsel. 5.

In view of the aforestated factual position, wherein the material witnesses have not supported the case of prosecution, further detention of the petitioner will not serve any fruitful purpose. The petition, as such, is petition, as such, is accepted and it is ordered that petitioner be released on bail on his accepted and it is ordered that petitioner be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate, concerned. Court/Chief Judicial Magistrate/Duty Magistrate, concerned. ( GURVINDER SINGH GILL) 15.10.2019 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2019.10.15 16:10 I attest to the accuracy and integrity of this document