Punjab-Haryana High Court
Aashu @ Aas Mohd vs State Of Haryana & Anr on 13 August, 2013
Author: Naresh Kumar Sanghi
Bench: Naresh Kumar Sanghi
Criminal Misc. No. M-19097 of 2013(O&M) ...1..
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-19097 of 2013(O&M)
Date of Decision : 13th August, 2013
Aashu @ Aas Mohd.
...Petitioner
Versus
State of Haryana & Anr.
...Respondents
CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Present: Mr.Sarfraj Hussain, Advocate,
for the petitioner.
Mr.Chetan Sharma, AAG, Haryana.
Mohd.Arshar, Advocate,
for the complainant.
***
Naresh Kumar Sanghi, J.
Prayer in this petition is for grant of regular bail to the petitioner, Aashu @ Aas Mohd, who has been summoned in a complaint case No.794, dated 21.09.2006, titled as "Smt Shehnaj vs. Najar Mohammad & Orthers" for the offences punishable under Sections 120-B, 365, 376 and 506, IPC, pending before the learned Additional Sessions Judge, Nuh.
Learned counsel contends that FIR No.171 dated 20.03.2006 under Sections 366 and 376 (2) (g), IPC, was registered at Police Station, Nuh, and after thorough investigation, the allegations were found to be false, therefore, the cancellation report was submitted; that the complainant- respondent filed the complaint without disclosing the said facts; Sharma Seema S 2013.08.13 17:17 I attest to the accuracy and integrity of this document Chandigarh Criminal Misc. No. M-19097 of 2013(O&M) ...2.. and that the petitioner is behind the bars from 04.03.2013.
Learned counsel for the State, on instructions from ASI Jai Kishan, fairly concedes that during investigation, the allegations levelled by the prosecutrix were found to be false, therefore, the cancellation report was submitted before the learned Area Judicial Magistrate.
Learned counsel for the complainant though opposed the grant of bail to the petitioner but could not substantiate the grounds on which it has to be declined.
Heard.
The petitioner is behind the bars from 04.03.2013. The occurrence is of the year 2006. The allegations were found to be false by the Investigating Agency. Now the petitioner has been summoned in a complaint case to face trial. His further incarceration does not appear to be justified in the present case, therefore, the present petition is allowed. Petitioner-Aashu @ Aas Mohd s/o Hajij @ Ajij, r/o Namak P.S.Nuh, District Mewat, is ordered to be released on bail during pendency of the trial of the present case subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Nuh.
The petitioner shall not pressurize or make an attempt to win over the prosecutrix and the other witnesses.
August 13, 2013 (Naresh Kumar Sanghi)
seema Judge
Sharma Seema S
2013.08.13 17:17
I attest to the accuracy and
integrity of this document
Chandigarh