Punjab-Haryana High Court
Bittoo vs State Of Haryana on 19 December, 2022
SANDEEP
2022.12.17 20:37
CRM-M-41550-2022 -l-
243
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-41550-2022
Date of Decision:- 19.12.2022.
BITTOO ....Petitioner
Vs.
STATE OF HARYANA ...Respondent
CORAM:-HON'BLE MRS. JUSTICE AMARJOT BHATTI
Present:- Mr. G.S. Sandhu, Advocate for the petitioner.
Ms. Deepshikha Chauhan, Asstt. AG, Haryana.
3 2 2s 2c 3i¢
AMARJOT BHATTI, J. (Oral)
The petitioner -- Bittoo has filed the instant petition under
Section 439 CrP.C. for grant of regular bail in FIR No.22 dated 18.01.2022
under Sections 343, 366, 376 and 506 IPC and Section 376 (2) IPC as well
as 67 and 67-A of IT Act registered at Women Police Station, Pehowa,
District Kurukshetra.
The brief facts of the case are that the victim filed written
complaint alleging that she was married to Jai Bhagwan on 08.02.2009
and out of this wedlock she was having two sons and a daughter. In
February, 2020 she had gone to Sood Eye Hospital at Kaithal for her
treatment. She was short of money and in this context she came in contact
with Bittoo. They exchange their phone numbers as she had borrowed
Rs.1500/- from him. The accused started calling her. She was called by
him on 2-3 occasions at Kaithal. He also came to her parental house at
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SANDEEP
2022.12.17 20:37
Batheri, Tehsil, Pehowa and compelled to meet her on 15.12.2021. On
02.01.2022 she was threatened by him to accompanying him otherwise he
would kill her children. He was compelling her to do wrongful act with
him and he had also recorded the conversations and on that account he was
threatening her. He maintained physical relations with her many times. On
03.01.2021 he took her signatures on some documents in the office of an
Advocate. She was kept confined for two days and her mobile phone was
also snatched. He recovered her mobile phone. Ultimately the matter was
reported to the Police.
Learned counsel for the petitioner argued that all the allegations
levelled against him are false. In-fact he along with the complainant were
live-in relationship since July, 2021. A deed and an affidavit dated
04.01.2022 were also executed which are Annexure P-1 and P-2. He was
arrested on 30.01.2022. The challan is also presented. The complainant is
a married lady having three children. She has narrated a concocted version.
He is ready to abide by the terms of bail order. It is prayed that his regular
bail application may be allowed.
The bail application is opposed by learned counsel representing
the State. In the written reply it is conferred that challan is already
presented on 31.03.2022 and after the framing of charge two of the
prosecution witnesses are already examined and the next date was fixed for
29.10.2022. It is argued that the allegations are serious and the petitioner is
specifically named, therefore, he is not entitled to be released on bail.
I have gone through the record. It cannot be disputed that the
complainant is a married lady having three children. The petitioner has
placed on record copy of a deed dated 04.01.2022 and affidavit of the same
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date according to which they started living together. These documents are
duly signed by both the parties. Challan in this case is already presented
and the case is fixed for prosecution evidence. The petitioner is in custody
since 30.01.2022. The conclusion of the trial may take some time. The
petitioner cannot be kept behind the bars for indefinite time period. He is
ready to abide by the terms of the bail order.
Therefore, without expressing my mind on the merits of the case,
the regular bail application filed by the petitioner -- Bittoo is allowed. He is
ordered to be released on bail on furnishing bail bonds/surety bonds to the
satisfaction of the trial Court/Duty Judge concerned.
The petition is disposed of.
19.12.2022 (AMARJOT BHATTI)
snd JUDGE
Whether speaking/reasoned: Yes/No.
Whether reportable: Yes/No
SANDEEP
2022.12.17 20:37
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