Gurpreet Singh v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:- 17.04.2023 Gurpreet Singh

...Petitioner

Vs.

State of Haryana

...Respondent

CORAM:-HON'BLE MS. JUSTICE AMARJOT BHATTI Present:- Mr. Sahil Choudhary, Advocate for the petitioner.

Ms. Deepshikha Chauhan, Asst. A.G. Haryana.

**** AMARJOT BHATTI, J. (Oral) The petitioner - Gurpreet Singh has filed the instant petition under Section 439 Cr.P.C. for grant of regular bail in FIR No. 234 dated 21.06.2022, registered at Police Station Babain, District Kurukshetra under Sections 323, 354, 376 (2)(n), 506 of IPC.

The facts of the case are that a written complaint was filed by the prosecutrix alleging that she was married to Udham Singh in the year 2020. Right from the beginning, her brother-in-law Gurpreet Singh was keeping bad eye on her. He tried to come close to her several times but she managed to save her. She disclosed this fact to her husband but he did not believe her. In January 2022, she was alone in the house and was working in the kitchen when Gurpreet Singh came inside and caught hold of her from behind. He said that he was having her video while bathing and he

-2will viral the said video on internet. She was mentally disturbed. She did not tell about this incident to anybody. The accused started physical abuse by threatening her to viral the said video. Ultimately, she came to her parental house and disclosed about this incident to her sister-in-law on 12.06.2022 and the matter was reported to the police. With these allegations, the present FIR has been registered. Learned counsel for the petitioner argued that a false FIR has been registered due to some misunderstanding. He has not committed any offence. The allegations are false. Even otherwise, the prosecutrix has not supported her own version. Her statement as PW-5 is Annexure P-3 and the statement of her sister-in-law as PW-3 is Annexure P-4. He was arrested in this case on 24.06.2022 and since then, he is behind the bars. He will abide by the terms of bail order. It is prayed that his regular bail application may be allowed.

The bail application is opposed by learned counsel representing the State. Status report is also filed. It is matter of record that after completion of investigation, challan in this case has been presented in which the present petitioner is facing trial. The statement of prosecutrix was recorded under Section 164 Cr.P.C, where she had levelled specific allegations against the accused. The medical record of the victim is Annexure R-1. The other material witnesses are yet to be examined. Considering the gravity of offence, the regular bail application filed by the petitioner may be dismissed.

I have considered the arguments and have gone through the record carefully. It is a matter of record that the present petitioner was arrested on 24.06.2022 and he is facing trial in the aforesaid FIR. It cannot be ignored that the victim has been examined as PW-5 and her sister-in-

-3law has been examined as PW-3. Their statements are annexures P-3 and P-4 respectively. They have not supported the prosecution version. The trial of this case may take some time. Considering the aforesaid facts, no purpose would be served by keeping the petitioner behind the bars for indefinite time period. Therefore, without expressing my mind on the merits of the case, the regular bail application filed by the petitioner - Gurpreet Singh is allowed. He is ordered to be released on bail to the satisfaction of trial Court/Duty Judge concerned. The petition is, accordingly, accepted.

17.04.2023 (AMARJOT BHATTI) lalit JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No