301 IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. M- No. 28348 of 2017 (OM)
Date of decision : August 09, 2017
State of Haryana ….Respondent
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. B.S. Bairagi, Advocate
for the petitioner.
Mr. Ramesh Kumar Ambavta, AAG, Haryana.
LISA GILL, J.
The petitioner prays for bail pending trial in FIR No. 797 dated
18.07.2016 registered under Sections 376, 342, 498A, 506, 120B IPC at
Police Station Chandni Bagh, District Panipat.
It is submitted that the petitioner has been falsely implicated in
this matter due to certain misunderstandings, which developed between the
complainant and other family members. Moreover, the complainant/victim
(PW1) and her real sister (PW2) have not supported the prosecution version
while deposing before the learned trial Court on 15.07.2017. Copies of the
statements of PW1 and PW2 are attached with this petition as Annexures
P-1 and P-2. Both the said witnesses have been declared hostile. It is, thus,
prayed that this petition be allowed.
I have heard learned counsel for the parties.
1 of 2
12-08-2017 11:39:34 :::
Criminal Misc. M- No. 28348 of 2017 (OM) -2-
Learned counsel for the State is unable to deny the fact that the
complainant/victim as well as her sister have not supported the prosecution
version and they have been declared hostile. It is verified that the petitioner
is not involved in any other criminal case. He is in custody since
18.07.2016. Trial, in this case, is not likely to conclude in the near future.
There are no allegations on behalf of the State that petitioner is
likely to abscond or that he is likely to dissuade the witnesses from
deposing true facts in the Court, if released on bail.
No useful purpose shall be served by keeping the petitioner
incarcerated any longer. Keeping in view the facts and circumstances noted
above but without expressing any opinion on the merits of case, it is
considered just and expedient to allow this petition.
Consequently, the petitioner be released on bail pending trial
subject to his furnishing requisite bail bonds and surety bonds to the
satisfaction of the learned trial Court.
It is reiterated that none of the observations made herein above
are a reflection on the merits of the case and shall have no bearing on the
August 09, 2017 Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
2 of 2
12-08-2017 11:39:35 :::