Lokesh Alias Lokesh Beniwal v. State Of Haryana

CRM-M No.56618 of 2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M No.56618 of 2024 Date of decision : 20.11.2024 Lokesh alias Lokesh Beniwal .............Petitioner

Versus

State of Haryana .......Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Ms. Jai Shree Kaushik, Advocate, for the petitioner --- SUMEET GOEL, J. (ORAL) 1.

The prayer made in the petition in hand reads thus: 'It is, therefore respectfully prayed that the present petition may kindly be allowed and the petitioner may kindly be released on interim bail for a period of 1 month in FIR No.138 dated 21.2.2024 under Sections 365 & 384 of IPC (in which subsequent under Sections 120-B & 34 of the IPC and Sections 8, 12, 17 of the POCSO Act, 2012 were added) registered at Police Station Camp Palwal, District Palwal, on medical grounds for taking care of his wife and new born baby because his wife has to undergo an urgent surgery as she is suffering from gynaecological problems and there is no one to look after her other than her old mother-in-law.' 2.

Notice of the petition in hand be issued to the counsel opposite. 3.

At the asking of Court, Ms. Ankita Ahuja, AAG Haryana accepts notice.

4.

Learned counsel for the petitioner has argued that the wife of the accused is suffering from gynaecological problem and requires urgent Ashwani Kumar 2024.11.21 11:01 I attest to the accuracy and integrity of this document

CRM-M No.56618 of 2024 -2medical attention. It is submitted that there is no adult male member in the family except for the petitioner, hence he deserves to be granted interim bail for one month. To buttress her arguments, learned counsel for the petitioner has relied upon medical record of the wife of the petitioner (copy whereof has been appended as Annexure P-2 with the instant petition).

5.

Learned State counsel has vehemently opposed the grant of interim bail to the petitioner by arguing that the allegations levelled against the petitioner are serious in nature. She further iterated that medico legal report of the wife of the petitioner was submitted before the trial Court which reflects that she is suffering from mild infection only. 6.

It appears that the wife of the accused is suffering from a gynaecological problem but such problem does not appear of a nature which requires the petitioner to be released on interim bail. 7.

Keeping in view the entirety of the facts and circumstances of the case, the petition in hand deserves dismissal. 8.

Ordered accordingly.

9.

Pending miscellaneous application(s), if any, stand disposed of accordingly.

10.

The observations made hereinabove shall not be construed as an opinion on the merits of the case.

(SUMEET GOEL) JUDGE 20.11.2024 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ashwani Kumar 2024.11.21 11:01 I attest to the accuracy and integrity of this document