11.2024 Date o v. State of Hary f Haryana

Ms. Deepshikha Chauhan, AAG , AAG, Haryana. NIDHI GUP I GUPTA, J. (ORAL) CRM-40695 40695-2024 Application is allowed, as praye s prayed for. CRM-M-50 50658-2024

1. The petitioner has filed the pres he present 1st petition under Section 483 of the the Bharatiya Nagarik Suraksha Sanh a Sanhita, 2023, for grant of regular bail in case F case FIR No. 98 dated 06.03.2024 (A 24 (Annexure P-1) registered under Sections 363 363 and 366-A IPC (Section 366- 366 -A IPC deleted and Section 366 IPC added la ded later on) at Police Station Ladwa, adwa, District Kurukshetra.

2. On the last date of hearing i.e ing i.e. 21.10.2024, when this case was listed fo sted for hearing, following order was p was passed by this Court:- “Prayer in this 1st petiti tion filed under Section 483 of the Bharatiya Nagarik Suraksh aksha Sanhita, 2023, is for grant of regular bail to the petition itioner in case FIR No. 98 dated

06.03.2024 (Annexure P-1) re 63 ) registered under Sections 363 and 366-A IPC (Section 366-A 66 A deleted, whereas Section 366 IPC added, later on) at Pol Police Station Ladwa, District Kurukshetra. RISHU KATARIA 2024.11.26 17:52 I attest to the accuracy and authenticity of this order/judgment. CRM-M-506 50658-2024 (O&M) -2- Learned counsel for the the petitioner, inter alia, submits that the present FIR was re a s registered on the basis of a complaint moved by the father ther of the victim. It is submitted that on the date of incident i.e. 17 i.e. 06.03.2024, the victim was 17 years of age; whereas the pe e petitioner is 19-years-old. The allegations against the petition titioner that he had enticed away the victim/daughter of the co e complainant on the pretext of marriage are false and fabric ricated as, the victim and the petitioner were in a conse onsensual relationship. Learned counsel submits that the vi e victim had accompanied the petitioner of her own sweet w et will and accord, as is evident from photographs (Annexure xure P-3) and WhatApp Chat between the petitioner and victi victim (Annexure P-4). The victim was recovered after more than 24 than one month i.e. on 17.05.2024 from the custody of the pe petitioner. The victim in her statement recorded under S r Section 164 Cr.P.C. dated

17.05.2024 has not supported th ted the case of the prosecution and in fact, has stated that the petiti petitioner had not commit any bad act with her. She accompanie a anied the petitioner to Pulwama from Jammu and stayed ther there. As such, learned counsel contends that the petitioner had had not forcibly enticed away the victim on the pretext of marria arriage. Moreover, the petitioner has been in custody since 17.05 7.05.2024. Thus, it is prayed that he may be released on regular b lar bail. Per Contra, learned cou counsel vehemently opposes the prayer for grant of regular n ular bail to the petitioner. On instructions from L/ASI Suman, man, learned counsel for the State has informed that challan was was presented before the learned trial Court on 27.06.2024, whe whereafter charges were framed on 20.09.2024; and out of tot es, f total 16 prosecution witnesses, none has been examined so fa so far. It is admitted by learned counsel for the State that t at the victim in her statement recorded under Section 164 Cr 4 Cr.P.C. (Annexure P-2) has not supported that case of the prose rosecution. RISHU KATARIA 2024.11.26 17:52 I attest to the accuracy and authenticity of this order/judgment. CRM-M-506 50658-2024 (O&M) -3- Learned counsel for t or the State has filed custody certificate dated 19.10.2024, wh 4, which is taken on record, as per which the petitioner has been i en in custody as an undertrial for a period of 05 months and 0 nd 02 days. Perusal of custody certificate depicts that the peti petitioner is not involved in any other case. Lastly, it is prayed by l by learned counsel for the State that the petitioner may not ot be released on bail till the recording of statement of the v he victim as there is every chance that he may try to influence the the testimony of the victim. At the request of lear learned counsel, adjourned to

26.11.2024. In the meantime, learne arned trial Court is directed to conclude the evidence of the v the victim before the next date of hearing before this Court.”

3. Learned counsel for the Stat State refers to the reply dated

13.11.2024 f 2024 filed by the way of Sh. Randhir andhir Singh, DSP, Ladwa, District Kurukshetra shetra, on behalf of respondent-State State to submit that in compliance of the last o last order passed by this Court reprod f the reproduced above, statement of the victim as PW as PW-1 (Annexure R-1) stands duly s duly recorded by the learned trial Court. It is s It is submitted that the victim in her in her testimony has supported the case of the f the prosecution. On instructions tions from L/ASI Suman, learned counsel for el for the State has informed that that out of total 16 prosecution witnesses, th , the material witness i.e. the victim victim already stands examined.

4. Learned counsel for the State f State files custody certificate dated

25.11.2024 2024 which is taken on record, as per as per which the petitioner has been in custody as tody as an undertrial for a period of 06 06 months and 08 days. Perusal of the custo custody certificate depicts that petit t petitioner is not involved in any other case. RISHU KATARIA 2024.11.26 17:52 I attest to the accuracy and authenticity of this order/judgment. CRM-M-506 50658-2024 (O&M) -4-

6. I have heard learned counsel for sel for the parties. Without commenting on merits merits of the case, however, keeping in view the w the totality of the facts and circums ircumstances of the case, including: (a) custody p stody period of 06 months and 08 day er as day undergone by the petitioner as an undertrial ertrial; (b) perusal of custody certific certificate reveals that the petitioner is not involv involved in any other case; (c) that t . the that the material witnesses i.e. the victim alrea already stands examined by the t the trial Court; and (d) that the conclusion o sion of trial will take considerable rable time, and no useful purpose would be se be served by further detention of the of the petitioner. Thus, the present petition is al allowed.

7. The petitioner-Karan S/o Pard Pardeep Kumar, is ordered to be released on ed on regular bail on his furnishin rnishing bail/surety bonds to the satisfaction on of the trial Court/Chief Judicial rate, udicial Magistrate/Duty Magistrate, rned. concerned.

8. However, it is made clear that ll be r that nothing stated above shall be construed as ued as an expression of opinion on the on the merits of the case. 2024

26.11.2024 ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2024.11.26 17:52 I attest to the accuracy and authenticity of this order/judgment.