Sanju Vaish v. State Of Haryana

2023:PHHC:104234 CRM-M-50046-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No. M-50046 of 2022 Date of decision :-09.08.2023 Sanju Vaish .....Petitioner

Versus

State of Haryana .....Respondent CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Present:- None for the petitioner.

Mr. Brijesh Sharma, AAG, Haryana.

NIDHI GUPTA J. (Oral) Prayer in this petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner during pendency of the trial in case FIR No. 385 dated 01.7.2022, under Section 6 of POCSO Act, 2012, registered at Police Station Jagadhri, District Yamunanagar. Learned State counsel has filed the custody certificate dated 08.8.2023 alongwith copy of DNA Report dated 14.12.2020 in Court today. The same are taken on record. Learned State counsel submits that as per the DNA report, the petitioner has been found to be biological father of the fetus borne in the womb of the victim. He submits that the victim was 15 years of age at the time of incident and the petitioner is maternal uncle of the victim. The victim was 2-1⁄2 VIJAY ASIJA 2023.08.11 17:05 I attest to the accuracy and integrity of this document

2023:PHHC:104234 CRM-M-50046-2022 months pregnant. As per the custody certificate, the petitioner has undergone the actual custody of 01 year, 01 month and 04 days. Even order sheets show that from the last three dates i.e.03.11.2022, 14.2.2023 and 15.3.2023 no one has appeared on behalf of petitioner.

In view of the facts as noticed above, the petition stands dismissed.

August 09, 2023 ( NIDHI GUPTA ) Vijay Asija JUDGE Whether speaking/reasoned Yes / No Whether Reportable Yes / No VIJAY ASIJA 2023.08.11 17:05 I attest to the accuracy and integrity of this document