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(2023) Law Today Live Doc. Id. 17527
Decided on: 24.01.2023
Present:
Mr. Parveen Kumar, Advocate for the petitioner.
Ms. Ankita Ahuja, AAG, Haryana.
Indian Penal Code, 1860 (45 of 1860), Sections 323, 342, 376-D, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Rape – Regular bail – Petitioner neither named in the FIR, nor in the complainant's statement u/s 164 Cr.P.C., nor in her deposition before the trial Court -- Complainant/prosecutrix is aged about 46 years, investigation completed and the petitioner is in custody since 15.07.2022 -- Case is not likely to conclude in near future – Bail granted.
(Para 3-7)
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TRIBHUVAN DAHIYA, J. (ORAL) --
CRM-2621-2023
1. This is an application seeking exemption from filing certified/typed copies of Annexures P-1 to P-4 and translated/true typed/certified copy of FIR and mobile number of the petitioner.
2. Application is allowed subject to all just exceptions.
CRM-M-2931-2023
3. This is a petition under Section 439 Cr.P.C. seeking grant of regular bail to the petitioner in case FIR No.395 dated 13.07.2022, registered under Sections 323, 342, 376-D and 506 IPC at P.S.Kurukshetra University, Kurukshetra.
4. The allegation as per the FIR is that the complainant was taken by an unknown person in a car to a liquor vend, where another unknown person was present. Both of them statedly committed 'wrong thing' with her.
5. Learned counsel for the petitioner contends that the petitioner has neither been named in the FIR, nor in the complainant's statement recorded under Section 164 Cr.P.C., nor in her deposition before the trial Court as PW3, which has been placed on record as Annexure P-3. The complainant/prosecutrix is aged about 46 years. Investigation of the case is already complete and the petitioner is in custody since 15.07.2022.
6. Learned State counsel, upon instructions from ASI Gurdev, opposes the grant of bail and states that trial of the case is going on, and three out of twelve witnesses have already been examined. She, however, does not dispute the facts stated by learned counsel for the petitioner.
7. In this background, when the prosecutrix already stands examined, and trial of the case is not likely to conclude in near future, it is deemed appropriate to grant regular bail to the petitioner on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate concerned.
8. Ordered accordingly.
9. Petition stands allowed.
Petition allowed.
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