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CRM-M-26311-2021 1
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.26311 of 2021
Date of Decision: 19.07.2021
RAJESH KUMAR @ MAUJA
……Petitioner
Vs
STATE OF HARYANA
…..Respondent
CORAM: HON’BLE MR. JUSTICE RAJ MOHAN SINGH
Present:Mr. Navneet Singh, Advocate
for the petitioner.
Mr. Anant Kataria, D.A.G., Haryana.
****
RAJ MOHAN SINGH, J.(Oral)
The case has been taken up for hearing through video
conferencing.
Petitioner seeks grant of regular bail under Section 439
Cr.P.C in case bearing FIR No.50 dated 15.02.2021, registered
under Sections 323, 354, 376, 506, 511 IPC at Police Station
Sadar Narwana, District Jind.
The FIR was registered with the allegations that the
prosecutrix was sleeping at night, then the petitioner entered the
room where she was sleeping and started doing obscene acts
by touching her inappropriately. The prosecutrix woke up and
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after hearing the noise her daughter also woke up. Thereafter
the petitioner left the room. The allegations are of attempted
rape in terms of Sections 376, 511, 323, 506, 354 IPC.
Learned counsel for the petitioner submitted that earlier
in FIR No.107 dated 23.04.2011 under Sections
498A/406/323/506 IPC, P.S. Jind Sadar, similar allegations were
made against the petitioner by the prosecutrix in para no.4 of
the FIR. The said FIR was investigated by the Police and
ultimately the allegations were found to be false. Petitioner is in
custody since 13.05.2021.
Learned State counsel however opposed the bail on
the ground that the allegations are of attempted rape as the
petitioner pressed the breast of the complainant and kissed her
lips. When the prosecutrix woke up, then the petitioner tried to
persuade her. Petitioner asked the prosecutrix to establish
physical relation as her husband is a diabetic patient and he
would satisfy her physical needs. Challan has already been
presented, but charges have not been framed so far.
The prosecutrix/complainant is having some litigation
with her husband and in the year 2011 also similar allegations
were made against the petitioner which were found to be false.
At this stage, without meaning anything on the merits of
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the case and in view of the situation arising out due to COVID-
19 pandemic, I deem it appropriate to enlarge the petitioner on
regular bail, without meaning anything on merits of the case.
In view of above, petition is allowed. Petitioner is
ordered to be released on bail, subject to his furnishing
adequate bail bonds/surety bonds to the satisfaction of the trial
Court/concerned Duty Magistrate.
Nothing expressed hereinabove would be construed to
be an expression of any opinion on merits of the case.
(RAJ MOHAN SINGH)
July 19, 2021 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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