Ishrana v. State Of Haryana

CRM-M No.52392 of 2019 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.52392 of 2019 Date of Decision.16.01.2020 Ishrana

...Petitioner

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Ram Pal Verma, Advocate for the petitioner.

Ms. Mahima Yashpal, AAG, Haryana.

-.- JAISHREE THAKUR J. (ORAL) 1.

The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.181 dated 04.05.2019 under Sections 363, 366A, 376, 120B, 506 IPC and under Section 4 of POCSO Act, 2012 registered at Police Station Ganaur, District Sonepat.

2.

Learned counsel for the petitioner would submit that the petitioner has wrongly been implicated in the aforesaid FIR, while further arguing that even contents of the said FIR do not make out any of the offences under which she has been charged.

3.

Per contra, learned counsel appearing on behalf of the respondent-State opposes the bail application by arguing that allegations as set out in the FIR stand supported by the prosecutrix in her statement, that has been recorded before the trial Court and therefore, the petitioner is not entitled to concession of regular bail.

4.

I have heard learned counsel for the parties. PANKAJ KUMAR 2020.01.20 16:14 I attest to the accuracy and integrity of this document

CRM-M No.52392 of 2019 -25.

In view of the fact that the petitioner herein has been in custody since 27.07.2019 and is mother of three minor children, two of whom are not with her in jail and furthermore, the material witnesses have already been examined and the trial is likely to take some time to conclude as out of 13 witnesses cited only 4 have been examined, this Court deems it appropriate to grant concession of regular bail to the petitioner. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal bond and surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein is not to affect the merit of the case. (JAISHREE THAKUR) JUDGE January 16, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.01.20 16:14 I attest to the accuracy and integrity of this document