Bhim @ Bhima vs State Of Haryana

Jaishree Thakur, J

The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.1225 dated 23.11.2018, under

Sections 216, 363, 366-A, 376(3), 120-B of Indian Penal Code, registered at Police Station Women Faridkot, Haryana.

Learned counsel for the petitioner contends that the petitioner herein was taken into custody in the aforesaid FIR on 07.09.2019. It is submitted that

the petitioner has been falsely implicated in the present case. It is argued that the prosecutrix has not supported the case of the prosecution and turned

hostile. It is also contended that out of total 17 witnesses, 01 witness has been examined and conclusion of trial will take sufficient time, therefore, the

petitioner is entitled to be enlarged on bail.

Per contra, learned counsel appearing on behalf of respondent-State, on instructions from the Investigating Officer, opposes the grant of regular bail to

the petitioner, however, does not dispute the fact that the prosecutrix has turned hostile.

I have heard learned counsel for the parties.

Since, the trial is likely to take some time and in view of the facts that the petitioner herein has been in custody since 07.09.2019 and that prosecutrix

has turned hostile and did not support the prosecution version, no useful purpose would be served in keeping the petitioner behind bars. At this stage,

without commenting on the merits of the case, the instant petition is allowed and the petitioner is directed to be released on regular bail on execution of

adequate personal bond and surety bond to the satisfaction of concerned trial Court/Duty Magistrate.

However, anything observed or said by this court is only for the purpose of deciding the instant petition for grant of regular bail and the same shall

have no affect on the merits of the case.