Vikas vs State Of Haryana
2023 Latest Caselaw 9604 P&H

                                                                   2023:PHHC:085782
                                   IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                AT CHANDIGARH

                        Sr. No.203                               CRM-M-47544-2022
                                                                 Date of Decision: July 07, 2023

                        VIKAS                                                    ..PETITIONER

                                                          VERSUS


                        STATE OF HARYANA                                       ...RESPONDENT


                        CORAM: HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

                        Present:     Mr. Ashish Kumar, Advocate, for the petitioner.

                                     Mr. Krishan K.Chahal, Addl. Advocate General, Haryana.
                                     *****

                        RAJBIR SEHRAWAT, J. (ORAL)

1. The present petition has been filed by the petitioner under

Section 439 Cr.P.C for grant of bail pending trial in case FIR No.159 dated

18.04.2021 registered under Sections 323, 363, 377, 506 of IPC and Section

4 of Protection of Children from Sexual Offences Act, 2012 at Police Station

Kalanaur, District Rohtak.

2. Reply by way of an affidavit of Sh. Sandeep Kumar, HPS, DSP,

Meham and custody certificate of the petitioner have been filed in Court.

The same are taken on record.

3. It is submitted by the counsel for the petitioner that the case

against the petitioner is totally false, frivolous and concocted. This fact is

not disputed even by the testimony of the prosecution witnesses. The

complainant, i.e. mother as well as the father of the alleged victim both have

not supported the case of the prosecution. Rather, they have denied the story

created by the police. In any case, the petitioner is in custody for the past

about more than two years and two months. There is no other case ANKUR GOYAL 2023.07.07 16:59 I attest to the accuracy and integrity of this order/judgment CRM-M-47544-2022 --2-- 2023:PHHC:085782

registered against the petitioner. Hence, the petitioner deserves to be

released on bail pending trial.

4. On the other hand, learned State Counsel, referring to the status

report has submitted that the offence committed by the petitioner is quite

heinous. Not only that even the FSL report has shown the offence having

been committed by the petitioner. However, it is not disputed that the

complainant and the father of the victim have not supported the case of the

prosecution and that the petitioner is in custody for the past about more than

two years and two months. It is also not disputed that there is no other case

against the petitioner.

5. In view the above, but without expressing any further opinion

on the merits of the case, the present petition is allowed. The petitioner is

ordered to be released on bail pending trial subject to his furnishing bail

bonds/surety to the satisfaction of the Trial Court/Duty Magistrate,

concerned.

                        July 07, 2023                                    (RAJBIR SEHRAWAT)
                        Ankur                                                  JUDGE

                        Whether speaking/reasoned                     Yes/No

                        Whether Reportable                            Yes/No




ANKUR GOYAL
2023.07.07 16:59
I attest to the accuracy and
integrity of this order/judgment