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Wasim vs State Of Haryana on 3 October, 2018

CRM-M-17537-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CRM-M-17537-2018
Date of decision:-3.10.2018

Wasim

…Petitioner

Versus

State of Haryana

…Respondent

CORAM: HON’BLE MR.JUSTICE H.S. MADAAN

Present: Mr. R.S. Mamli, Advocate
for the petitioner.

Mr.Gaurav Bansal, AAG, Haryana.

****

H.S. MADAAN, J. (Oral)

This petition has been filed for the grant of regular bail to the

petitioner – Wasim, an accused in FIR No.598 dated 12.10.2017, under

Sections 120-B, 342, 363, 366, 376, 506 IPC, registered at Police Station

City, Yamuna Nagar.

Briefly stated, the facts of the case, as per prosecution version

are that the FIR in question was recorded on the basis of written complaint

submitted by the the prosecutrix (name withheld to protect her identity in

view of Section 228-A IPC and as per the directions given by the Hon’ble

Apex Court Court in case titled State of Karnataka Vs. Puttaraja, 2004(1)

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RCR(Cri.) Supreme Court, 113 (SC) and referred to as the prosecutrix)

daughter of Kamal Kaushik, resident of Ashok Gali, Anand Colony,

Purana Hamida, Yamuna Nagar, in which she stated that accused Wasim

has been residing in front of her house and she had been on talking terms

with him; that a few days earlier, he by sitting besides her took her

photographs and thereafter started blackmailing her asking her to develop

relations with him; the prosecutrix under threat of blackmail kept quiet;

that Wasim called her to his house and committed rape on her repeatedly

on several occasions, lastly on 13.9.2017 at night; that on 30.9.2017 at

night when prosecutrix went to the house of Wasim, then she came across

one Ashraf, who threatened to inform her parents, otherwise she should

pillion ride on his motorcycle; the complainant refused but Ashraf made

her sit on his motorcycle and took her to Saharanpur; that she was kept in

a house; on the next day Ashraf along with his brother Matlu and Matlu’s

wife Nazia along with one Gullo went to the prosecutrix and took her

signatures on various papers by exerting force upon her; then they took

her to Saharanpur Court; she was brought back and kept in a house, which

used to be locked all the time; that Ashraf was to take her to Allahabad to

marry her; that one day finding an opportunity, the prosecutrix escaped

from that place, informed her family and her father came along with the

police.

On the basis of said complaint, formal FIR was registered.

The investigation in the case started. Accused were arrested in this case.

After completion of investigation, challan against the accused has been

prepared and filed in the Court and the trial against the accused is going

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on. He had moved an application for regular bail in Court of Sessions at

Yamuna Nagar at Jagadhri but was unsuccessful as the same was

dismissed vide order dated 22.3.2018 passed by learned Additional

Sessions Judge (Exclusive Court for Heinous Crimes Against Women and

Children), Yamuna Nagar at Jagadhri, as such, he has approached this

Court for grant of the similar relief.

Notice of the petition was given to the State and State counsel

has put in appearance.

I have heard learned counsel for the petitioner and learned

State counsel besides going through the record.

During the course of trial, the statement of the prosecutrix

was recorded as PW3, wherein she did not support the prosecution story at

all and rather stated that she is 20 years old and on 30.9.2017, she had

gone to Saharanpur in search of some job without informing her parents

and she returned to her house after 12 days. She further stated that she was

having friendly relations with accused Wasim and she along with accused

Ashraf and Wasim went to Saharanpur in search of job, where they stayed

in a house of Matloob; that Mustkim is also friend of accused Ashraf; that

Gullo is wife of accused Amir so called brother of accused Ashraf. She

stated that Ashraf and Wasim did not commit any bad act with her and the

other accused had not taken her to Saharanpur Court and had not

compelled her to put signatures on blank papers. They did not extend any

threat to her. She was declared a hostile witness at the instance of Public

Prosecutor and the Public Prosecutor was allowed to put questions to her

in the form of cross-examination but without any fruitful result.

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It being so, the star witness of the prosecution having let it

down that cause a severe jolt to the case of prosecution, though the trial

Court is yet to give its verdict keeping in view the totality of the evidence

brought on the record in light of the facts and circumstances of the case

but I find that it shall be in the fitness of things, if the petitioner is granted

benefit of bail since statement of crucial witness, the prosecutrix has

already been recorded and conclusion of the trial is likely to take some

time and further the culpability of the accused shall be determined during

the trial.

Accordingly, the petition is allowed. The petitioner be

admitted to bail during the pendency of the trial, subject to his furnishing

bail bonds and surety bonds to the satisfaction of the trial Court/Chief

Judicial Magistrate, Yamuna Nagar at Jagadhri, subject to the following

conditions:

(i) he shall appear in the Court on each and every date of

hearing;

(ii)he shall not give any threat or intimidation to the

prosecution witnesses;

(iii)he shall not leave India without prior permission of the

Court.

In addition to that the trial Court may impose any term and

condition found suitable to ensure that the petitioner does not abscond and

interfere in the trial.

In case the petitioner violates any term and condition on

which the bail has been granted to him, the prosecution would be entitled

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to apply for cancellation of bail.

This petition stands allowed accordingly.

3.10.2018 (H.S. MADAAN)
Brij JUDGE

Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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