Vikrant v. State Of Haryana
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VIKRANT )) ! % %"'!*
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Present:
Mr. Nikhil Vats, Advocate for the petitioner. Ms. Ankita Ahuja, AAG, Haryana.
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* 2 1.
Present petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail to the petitioner in case bearing FIR No.282 dated 10.08.2023, registered for the offences punishable under Sections 341/354/365/376(3)/376D/506/34 of IPC and Sections 6 of POCSO Act (Section 17 of POCSO Act added later on) at Police Station Sadar Rohtak, District Rohtak.
2.
The case set up in the FIR in question (as set out by the petitioner in the present petition) is as follows:; "
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Learned counsel for the petitioner has argued that the petitioner is in custody since 11.08.2023. Learned counsel for the petitioner has submitted that the victim has been repeatedly changing her stand which fact is decipherable from the bare reading of the FIR, statement of the victim recorded by the police under Section 161 of Cr.P.C. on 10.08.2023, statement made by the victim on 11.08.2023 under Section 164 of Cr.P.C. before the concerned judicial Magistrate as also the statement made by the victim (when examined as a prosecution witness) before the Court on 27.03.2024/25.04.2024. It has been further submitted by the learned counsel for the petitioner that there are total 46 cited witnesses by the prosecution out of which only 7 have been examined till date and thus the trial will take long to culminate. Learned counsel for the petitioner has further submitted that the prime prosecution witness, namely, the victim already stands examined and thus there is no likelihood of the petitioner interfering with the important prosecution evidence. Thus, regular bail is prayed for.
4.
Learned State counsel has opposed the present petition arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. 5.
I have heard counsel for the parties and have gone through the available records of the case.
6.
The petitioner was arrested on 11.08.2023 whereinafter investigation was carried out & challan was presented on 15.09.2023. Total 46 prosecution witnesses have been cited and culmination of the trial, but of course, will take its own time as only 7 prosecution witnesses have been examined till date. It is not in dispute that the testimony of the victim already stands recorded as a prosecution witness in Court. The rival contention of the learned counsel for the parties; regarding the alleged improvement in the statement/stand of the victim in the FIR, statement made by her before the police under Section 161 of Cr.P.C. on 10.08.2023, statement made by her under Section 164 of Cr.P.C. before the concerned Judicial Magistrate on 11.08.2023 as also the statement made by the victim as a prosecution witness on 27.03.2024/25.04.
20244 shall be gone into during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the remaining prosecution evidence. As per the custody certificate dated 22.11.2024 filed by the learned State counsel, the petitioner has suffered incarceration for more than 01 year, 03 months and 09 days & is not shown to be involved in any other case.
petitioner as an undertrial is not warranted in the facts and circumstances of the present case.
7.
In view of totality of factual matrix of the present case, the instant petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:;
(i) The petitioner shall not mis;use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial.
(iii) The petitioner shall not absent himself on any date before the trial.
(iv) The petitioner shall not commit any offence while on bail.
(v) The petitioner shall deposit his passport, if any, with the trial Court.
(vi) The petitioner shall give his cellphone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell;phone number without prior permission of the trial Court/Illaqa Magistrate.
(vii) The petitioner shall not in any manner try to delay the trial. 8.
In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed
hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner.
9.
Ordered accordingly.
10.
Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case.
11.
Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off. ))
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Whether speaking/reasoned Yes No Whether reportable Yes No