Vipin v. State Of Haryana
CRM-M-54676-2024 (O&M)
CRM-M-54676-2024 (O&M)
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VIPIN # $ STATE OF HARYANA
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* * ' # '# *+,-,&.&/#-% # Mr. Birender Bikram Attrey, Addl. AG, Haryana. '# -0+&/.&/## % & 11111 ' . 2 #+3 ' . 2 #+3 ' . 2 #+3 ' . 2 #+3 1.
Petitioner - Vipin has filed instant 1st petition under Section 483 of -#45#6*0#6 -* -. ! 7 for grant of regular bail in FIR No.49 dated 18.02.2024 under Sections 376-D, 328, 506 of IPC registered at Police Station Punhana, District Nuh.
2.
As per facts of the case, complainant 'PB' gave his statement that her marriage was to take place with 'JP' on 17.02.2024. Wedding procession was to come to their house. Vipin had studied with her in the same school since childhood. By giving allurement, he had done wrongful act with her and thereafter he started harassing her continuously. He kept on calling her 10 days prior to the marriage. Under compulsion she went to meet him on 07.02.2024 where he was present along with Dinesh and two other
CRM-M-54676-2024 (O&M) persons. They gave her intoxicant substance and thereafter they committed rape with her and took her obscene photographs. In order to save her honour she kept mum and returned home. On the date fixed, marriage procession did not come as Vipin, Ram Avtar, Dinesh and two other persons threatened her in-laws' family by making several calls and also sent her obscene photographs. Her marriage was broken. Her entire family was humiliated and was under shock. Finally, matter was reported to the police. 3.
Counsel for petitioner argued that Vipin was arrested on 18.02.2024. Allegations are false. They were in consensual relationship. Counsel for petitioner has annexed one pen drive along with whatsapp chat (Annexure P-5) and different photographs (Annexure P-6). At present statement of victim has been recorded as PW2. His regular bail application has been declined without proper appreciation of the facts vide order dated 16.09.2024 (Annexure P-7). Petitioner is ready to abide by the terms of bail order. Therefore, his regular bail petition may be allowed. 4.
Bail petition is opposed by learned counsel representing State assisted by counsel for respondent No.2, who has filed his memo of appearance. There are specific serious allegations against the petitioner along with other co-accused. Copy of MLR of the victim is Annexure R-1. Copy of her statement recorded under Section 164 Cr.P.C. is Annexure R-4. Petitioner harassed the victim and forced her to visit before her marriage and she was raped by petitioner along with other co-accused. Later-on, her obscene photographs were circulated and her marriage was broken.
CRM-M-54676-2024 (O&M)7 7 7 7 Considering the aforesaid factual position, petitioner is not entitled for grant of regular bail.
5.
I have considered the arguments and have gone through the record carefully. There are serious allegations levelled by the victim against the petitioner and other co-accused. Investigation was completed and challan was presented on 02.05.2024. Charges were framed on 13.08.2024. Out of 16 prosecution witnesses, 6 witnesses have been examined including the victim as PW2. Copy of her statement is Annexure A-1. Therefore, material witnesses have been examined. Trial in this case may take long time. Petitioner is behind the bars for the last 1 year and 9 months. Merits of the case will be decided by the trial Court. Therefore, without commenting on the merits of the case, regular bail petition filed by the petitioner Vipin is allowed. He is ordered to be released on bail to the satisfaction of trial Court/Duty Judge concerned. Petitioner is also directed to furnish his undertaking that he will not contact the prosecutrix or her family in any manner.
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