IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. No.M-54482 of 2019
Date of Decision: 07.01.2020
Vijay alias Chunna Pandit
State of Haryana
CORAM:- HON’BLE MR. JUSTICE HARI PAL VERMA
Present:- Mr. Ram Bilas Gupta, Advocate
for the petitioner.
Ms. Gaganpreet Kaur, AAG, Haryana.
HARI PAL VERMA, J. (Oral)
Prayer in the present petition filed under Section 439 of the
Code of Criminal Procedure, 1973 is for grant of regular bail to the
petitioner in case FIR No.117 dated 23.07.2019 under Sections 498A, 323,
406, 506, 376, 511 IPC read with Section 34 IPC registered at Police
Station Women Central, Faridabad.
The aforesaid FIR was registered at the behest of the
complainant, who is wife of co-accused Gaurav Rajawat. The marriage of
the complainant was solemnised with Gaurav Rajawat on 08.12.2017 and
after this marriage, the petitioner used to visit the house of in-laws of the
prosecutrix. On 17.03.2018, the petitioner entered in the room of the
prosecutrix and tried to hug her. However, when the complainant informed
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about this incident to her mother-in-law, she did not react to it, giving an
impression that it had happened so with her (mother-in-law’s) consent. The
complainant reported this matter to her husband, but he also did not object
to it. The petitioner used to come to the room of the complainant every day
and tried to misbehave with her. He even instigated her in-laws against her.
On 28.06.2018 at about 11-00 P.M., the petitioner again entered into the
room of the complainant when her husband was sleeping in a room upside.
He caught the prosecutrix from behind and tried to press her breasts. The
prosecutrix pushed him and ran outside the room and informed her in-laws,
but in return they tried to beat her and the petitioner had also given beating
Counsel for the petitioner has argued that in fact the dispute is
between the complainant and her husband. The alleged incidents have
taken place on 17.03.2018 and 28.06.2018 whereas the FIR in question was
registered on 23.07.2019 i.e. after more than a year. The prosecutrix was
subjected to medical examination, but no such injury was reflected on her
person. He has further submitted that charge in the case has been framed,
but no witness has been examined in the case so far, though two
opportunities were afforded to the prosecution. The petitioner is in custody
Learned State counsel, on instructions from ASI Kallu Singh,
does not dispute the custody of the petitioner. However, she submits that
there are specific allegations against the petitioner, who tried to commit
rape upon the victim-complainant. Even if the petitioner is in custody since
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30.08.2019, it is no ground to admit him on bail when there are specific
allegations like the present ones against him.
I have heard learned counsel for the parties.
In the background of the case, there is matrimonial dispute
between the complainant and her husband, who is co-accused in the case
and her mother-in-law is also an accused in the case. The petitioner is a
tenant in the house of the co-accused for a long time. Considering the fact
that the petitioner is in custody since 30.08.2019 and there is no medical
evidence to support the case of the prosecution coupled with the fact that
trial in the case is not likely to be concluded in near future, this Court
deems it appropriate to release the petitioner on regular bail.
Accordingly, the present petition is allowed and the petitioner
is admitted on regular bail, subject to furnishing of his bail bonds/surety
bonds to the satisfaction of trial Court.
However, it is made clear that the observation made
hereinabove shall not be construed as an expression on the merits of the
January 07, 2020 ( HARI PAL VERMA )
Whether speaking / reasoned? Yes / No
Whether reportable? Yes / No
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