High Court of Punjab and HaryanaCRM-M/43054/2019allowed

Mukesh Bansal v. State Of Haryana

2020-01-31Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-43054-2019 (O&M) Decided on : 31.01.2020 Mukesh Bansal . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Ashit Malik, Advocate for the petitioner(s).

Mr. D.R. Singla, DAG, Haryana.

**** MANJARI NEHRU KAUL , J.

The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No. 528, dated 28.06.2018, registered under Sections 365, 366A, 376, 354A IPC and Sections 6 & 8 of the POCSO Act, 2012, registered at Police Station Sonepat City, District Sonepat.

Learned counsel for the petitioner submits that three material witnesses i.e. the victim and her parents did not support the case of the prosecution. In support thereof, statements of all the three witnesses have been annexed as Annexures P-1 to P-3 along with the instant petition. Learned State counsel on the other hand submits that no doubt the material witnesses have not supported the case of the prosecution, however, there are serious allegations leveled against the petitioners, for which, he does not deserve the concession of regular bail. Having considered the submissions made by either side, the petitioner has been behind bars admittedly since 05.09.2018 i.e. almost one year. The star witness i.e. the prosecutrix has already been examined, JAWALA RAM 2020.02.04 15:34 I attest to the accuracy and authenticity of this document Chandigarh hence, further detention of the petitioner will not serve any useful purpose.

CRM-M-43054-2019 (O&M) - 2 - The petition as such is allowed and the petitioner is admitted to bail to the satisfaction of trial Court/Duty Magistrate. However, it is made clear that anything observed herein shall not be construed as an expression of opinion on the merits of the case.

(MANJARI NEHRU KAUL) JUDGE January 31, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.02.04 15:34 I attest to the accuracy and authenticity of this document Chandigarh