High Court of Punjab and HaryanaCRM-M/49711/2022allowed

Joginder Kumar v. State Of Haryana

2023-01-12Mr. Justice Tribhuvan Dahiya2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CRM-M No.49711 of 2022 Date of Decision : 12.1.2023 Joginder Kumar ..... Petitioner versus State of Haryana ..... Respondent CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

Mr. Rajeev Sharma, Advocate, for the petitioner Ms. Ankita Ahuja, AAG, Haryana --- TRIBHUVAN DAHIYA J. (ORAL):

This is a petition under Section 439 Cr.P.C. seeking regular bail to the petitioner in case FIR No.185 dated 23.10.2021 under Sections 328, 376(2)(n) and 506 IPC and Section 67 of the Information Technology Act, 2000 registered at Police Station Women, District Karnal. As per the allegations, the petitioner and the complainant/ prosecutrix were employed in the same branch of a Bank. The petitioner is alleged to have committed rape upon the complainant many times over a period of three months which was not exposed as she felt threatened. It is also alleged that the petitioner had obtained mobile phone numbers of her family members, to scare her that all this would be told to them. The petitioner is in custody since 30.10.2021 and only one out of the twelve witnesses have been examined.

Learned State counsel, on instructions from ASI Meenu, states that the prosecutrix has been examined, and forensic report regarding the mobile phone recovered from the petitioner is awaited. In view of the above, and also keeping in view the fact that trial ASHWANI KUMAR 2023.01.12 19:10 I attest to the accuracy and integrity of this document

CRM-M No.49711 of 2022 -2of the case will take a long time to conclude, this Court is of the view that the petitioner deserves to be released on bail.

Accordingly, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate. (TRIBHUVAN DAHIYA) JUDGE 12.1.2023 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHWANI KUMAR 2023.01.12 19:10 I attest to the accuracy and integrity of this document