Crl. Misc. No. M-29561 of 2017 [ 1 ]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Crl. Misc. No. M-29561 of 2017
Date of Decision : January 29, 2018
State of Haryana……………………………………………. Respondent
CORAM : HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Robin Singh Hooda, Advocate
for the petitioner.
Mr. Anmol Malik, AAG, Haryana.
LISA GILL, J. (Oral)
Petitioner seeks the concession of bail pending trial in FIR No.
266 dated 01.06.2017 under Sections 376, 506, 511 IPC registered at Police
Station Kharkhoda, District Sonepat.
Following order was passed on 09.01.2018:-
“The petitioner seeks the concession of bail pending trial in
FIR No. 266 dated 01.06.2017. It is submitted that initially FIR
under Sections 354, 506 IPC was registered. Section 376 read
with Section 511 IPC was added on the basis of statement of
the prosecutrix under Section 164 Cr.P.C.
It is vehemently argued that the petitioner has been falsely
implicated due to an altercation which took place between the
petitioner and the husband of the victim. On an earlier
occasion the petitioner was beaten up by the husband of the
prosecutrix. He was shifted to the Civil Hospital, Sonepat, and
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Crl. Misc. No. M-29561 of 2017 [ 2 ]
thereafter referred to the PGI MS, Rohtak. A complaint was
made by the petitioner but no action was taken by the police
authorities. It is further submitted that the petitioner has been
in custody since 21.06.2017. He is not involved in any other
criminal case. Moreover, the victim and her husband have not
come forward to depose before the trial Court and now
bailable warrants have been issued to secure their presence.
Learned counsel for the State prays for some time to verify
whether the petitioner was ever admitted at Civil Hospital,
Sonepat, or referred to PGI MS, Rohtak.
List on 29.01.2018.”
Learned counsel for the State,, on instructions from HC
Sandeep Kumar, verifies that a medical report in respect of medical
examination of the petitioner conducted on 29.05.2017 at Civil Hospital,
Kharkhoda, Sonepat is available on the police file. It is further informed that
the victim and her husband did not come forward to depose before the
learned trial Court despite issuance of summons. Now bailable warrants
have been issued to secure their presence. As per status report by way of an
affidavit dated 04.10.2017 of DSP Kharkhoda, Sonepat it is mentioned that
earlier FIR No. 553 dated 12.12.2016 under Section 354 IPC was registered
at Police Station Kharkhoda, Sonepat against Sandeep son of Rajinder
Singh, a cousin brother of the petitioner, on the basis of a statement made by
the present complainant. Cancellation report was prepared in the said
matter. However in the subsequent para of affidavit dated 04.10.2017 it is
mentioned that the real brother of the petitioner disclosed that there was no
dispute between the families.
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Crl. Misc. No. M-29561 of 2017 [ 3 ]
FIR No. 553 dated 12.12.2016 as well as the medico-legal
report dated 29.05.2017 is available on the police file. It is verified by
learned counsel for the State, on instructions from HC Sandeep Kumar, that
the petitioner is not involved in any other criminal case. There are no
allegations that the 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. Trial of the case is not likely to conclude in the near future. No useful
purpose shall be served by keeping the petitioner incarcerated any longer.
Keeping in view the facts and circumstances of the case 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 to the satisfaction
of the learned trial Court.
None of the observations made here-in-above shall be
construed to be a reflection on merits of the case and shall have no bearing
It is made clear that the petitioner shall not attempt to contact
the victim or any of her family members directly or indirectly. Any
infraction in this regard may entail cancellation of his bail.
( LISA GILL )
Note: Whether speaking/reasoned Yes / No
Whether Reportable: Yes / No
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