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Udai Vir vs State Of Haryana on 27 February, 2018

CRM No.M-3623 of 2018
-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No.M- 3623 of 2018(OM)
Date of Decision: February 27 , 2018.

Udai Vir …… PETITIONER (s)
Versus
State of Haryana …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Ms. Deepa Jain, Advocate
for the petitioner.

Mr. Ramesh Kumar Ambavta, AAG, Haryana.
*****
1. Whether reporters of local papers may be allowed to see
the judgment?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest?
*****

LISA GILL, J.

The petitioner prays for bail pending trial in FIR No.1391 dated

20.11.2017 under Sections 323/376/377/406/511/498A/506 IPC, registered at

Police Station City Ballabgarh, District Faridabad.

The petitioner is the father-in-law of the complainant. It is submitted

that absolutely false, baseless and incorrect allegations have been levelled against

him due to matrimonial discord between the complainant and her husband i.e.,

the petitioner’s son. The complainant, it is submitted, was never subjected to any

kind of ill-treatment and harassment. No offence punishable under Section 376

read with Section 511 IPC is made out against the petitioner. The complainant

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CRM No.M-3623 of 2018
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has in fact made an attempt to involve all the family members in this case. The

complainant has levelled similar allegations against her brother-in-law i.e., the

other son of the petitioner. Allegations of attempt of rape by the petitioner are

absolutely false and incorrect. The petitioner, it is submitted, is not involved in

any other criminal case and he undertakes not to misuse the concession of bail, if

afforded to him. It is thus prayed that this petition be allowed.

Learned counsel for the State, on instructions from ASI Fateh Singh,

verifies that the final report under Section 173 Cr.P.C. has since been presented.

The petitioner is not reported to be involved in any other criminal case. The other

co-accused have been afforded the concession of bail pending trial. Trial in this

case is not likely to conclude in the near future.

There are no allegations on behalf of the State that the petitioner is

likely to abscond or that he is likely to dissuade the witnesses from deposing true

facts before the Court, if released on bail.

Keeping in view the facts and circumstances of the case but without

commenting upon or expressing any opinion on the merits thereof, this petition is

allowed. 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.

It is clarified that none of the observations made hereinabove shall

be construed to be a reflection on the merits of the case. The same are solely

confined for the purpose of decision of the present petition.

( LISA GILL )
February 27 , 2018. JUDGE
‘om’
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

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