Punjab-Haryana High Court
Munil vs State Of Haryana on 17 January, 2023
CRM-M-51225-2022 -l-
294
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-51225-2022
Date of Decision:- 17.01.2023.
MUNIL ....Petitioner
Vs.
STATE OF HARYANA ...Respondent
CORAM:-HON'BLE MRS. JUSTICE AMARJOT BHATTI
Present:- Mr. Bhupender Singh, Advocate
for the petitioner.
Ms. Ambika Sood, Addl. AG, Haryana.
Mr. Parveen Sharma, Advocate
for the respondent no. 2.
ie 2k ic 2c 3
AMARJOT BHATTI, J. (Oral)
The petitioner -- Munil has filed the instant petition under
Section 439 of the Code of Criminal Procedure for grant of regular bail in
FIR No.151 dated 21.02.2022 under Section 346 of the Indian Penal Code,
1860 (Section 6 of the Protection of Children from Sexual Offence Act,
2012 and Section 376 (3), 376 (2) N, 363, 366-A of IPC added later on)
registered at Police Station Assandh, District Karnal (Annexure P-1).
The facts of the case are that Indra Devi -- complainant gave her
statement to the police that her daughter i.e. the victim, aged about 13
years was studying in 7" class in Government Girls School, Assandh. On
21.02.2022 at about 09:00 A.M, she went to her school and thereafter, did
not return home. On inquiry, she came to know that she was absent from
the school. They tried to search the victim but could not locate her.
LALIT SHARMA
2023.01.19 09:59
I attest to the accuracy and
integrity of this
order/judgment
Ultimately, the present FIR was registered. The investigation was started.
The victim was recovered on 25.02.2022 and her statement was recorded
under Section 164 Cr.P.C. After completion of investigation, challan was
presented in the Court.
Learned counsel for the petitioner argued that he is falsely
implicated in this case. The alleged victim has not levelled any allegation
against him when her statement was recorded under Section 164 Cr.P.C.
Even otherwise, the matter has been compromised. Challan is already
presented. He cannot be kept behind the bars for indefinite time period. He
undertakes not to give any threat, promise or inducement to any person. He
will abide by the terms of bail order. It is prayed that his regular bail
application may be allowed.
The bail application is opposed by the counsel representing the
State by referring the status report filed by the State. It is alleged that after
the completion of investigation, challan was presented and the accused has
been charge-sheeted. The prosecution evidence is yet to start. The
allegations are specific and serious in nature. The victim was 13 years old
when this occurrence took place. Therefore, considering the gravity of
offence, the petitioner is not entitled to be released on bail.
I have considered the arguments and have gone through the
record. Admittedly, the challan has been presented and the accused
(petitioner in this case) has been charge-sheeted under Sections 376 (3),
376 (2) N, 363/366-A/450 of IPC and 6 of POCSO Act. At present, the
case is fixed for prosecution evidence but till date, no witness has been
examined. At the time of commission of said offence, the victim was 13
years old student of 7" class. She got missing on 21.02.2022 and was
LALIT SHARMA
2023.01.19 09:59
I attest to the accuracy and
integrity of this
order/judgment
recovered on 25.02.2022. The allegations are specific and serious in
nature. The evidence of the prosecution is yet to start. Therefore,
considering the gravity of offence, at this stage, I do not find a fit case for
grant of regular bail to the petitioner Munil and the same is, accordingly,
declined.
The petition is disposed of.
17.01.2023 (AMARJOT BHATTI)
lalit JUDGE
Whether speaking/reasoned: Yes/No.
Whether reportable: Yes/No
LALIT SHARMA
2023.01.19 09:59
I attest to the accuracy and
integrity of this
order/judgment
