Naresh Kumar v. State Of Haryana
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19.08.2021 Sadar Thanesar, District Kurukshetra 363 and 366 of Indian Penal Code, 1860 (for short 'the Act') 2.
Learned counsel for the petitioner has submitted that the petitioner was arrested in the aforementioned case as on 30.09.2021 but had been extended benefit of regular bail. However, his bail was subsequently cancelled and bonds were forfeited to the State. Now he is in custody since 29.03.2023. During investigation, offence under Section 366-A of the Act has been deleted and offence under Section 366 of Act has been added. His custodial interrogation is not required. Even the victim has been examined on 25.04.2023 and has not supported the prosecution version. No useful purpose would be served by keeping him in custody. Hence, it is urged that Parveen Sharma 2023.12.21 11:38 I attest to the accuracy and integrity of this document
he deserves to be given concession of bail.
3.
Learned counsel for the petitioner has placed on record a copy of order dated 01.07.2023 passed by Court of learned Additional Sessions Judge, Fast Track/ Special Court, Kurukshetra saying that bail of the petitioner was cancelled on 17.03.2022. The application filed by him before the learned trial Court had been dismissed. He has also placed on record a copy of statement recorded by the prosecutrix on 25.04.2023 showing that she has not supported the prosecution version. 4.
The petitioner had jumped his bail as on 17.03.2022. Now he is in custody for more than eight months. Previously he had been extended benefit of bail. No useful purpose would be served by kept him in custody. The petition is allowed. He is ordered to be released on bail, subject to his furnishing personal as well as surety bonds to the satisfaction of the trial Court.
5.
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Parveen Sharma 2023.12.21 11:38 I attest to the accuracy and integrity of this document