Dinesh @ Dholu vs State of Haryana

This petition has been filed for the grant of regular bail to the petitioner â€" Dinesh @ Dholu, an accused in FIR No.114 dated 1.5.2018, under

Sections 452, 323, 376, 511, 506 IPC, registered at Police Station Bawani Khera, District Bhiwani.

Briefly stated, the facts of the case, as per the prosecution story are that 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) RCR(Cri.) Supreme

Court, 113 (SC) and referred to as the prosecutrix) and her sister Sarita married with Rakesh and Dinesh sons of Suraj Bha in the year 2008; they are

having separate families; that on 30.4.2018 at about 8:00 a.m. while the prosecutrix was all alone and was doing cleaning work in her house, then her

brother-in-law Dinesh entered the house of prosecutrix and put his hand on her waist, pulled her across to him; the prosecutrix offered resistance and

threatened to raise alarm but Dinesh opened the string of her salwar by pulling it; the prosecutrix raised hue and cry, however, Dinesh started giving

her fists and slap blows and even tore her clothes; that when the prosecutrix tried to flee, Dinesh hit her on her head with a wooden piece; that Sarita

sister of the prosecutrix came and tried to rescue the prosecutrix but Dinesh also gave beatings to her and tore her clothes; that Dinesh left the spot

while giving threats to the prosecutrix and her sister Sarita. The police was informed. Formal FIR was registered. Accused was arrested in this case

on 20.5.2018. He had moved an application for regular bail in Court of Sessions at Bhiwani but was unsuccessful as the same was dismissed vide

order dated 21.8.2018 passed by learned Additional Sessions Judge (Exclusive Court), Bhiwani, as such, he has approached this Court for grant of

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.

Learned counsel for the petitioner has placed on file the statements of various witnesses recorded during the trial. The statement of prosecutrix goes

to show that she has not supported the prosecution story at all against the accused rather stating that accused had not given any injury to her and

Sarita and he never tried to commit rape upon her. She was declared hostile at the instance of learned Public Prosecutor, who was allowed to put

questions to her in the form of cross-examination but without any fruitful result. Sarita sister of the prosecutrix, an another eye-witness also did not

state anything incriminating against the accused and was declared a hostile witness. The trial is going on and its conclusion is likely to take some time.

Under the circumstances, when the material witnesses for the prosecution having not supported its case, I find that the petitioner, who is in custody

deserves to be granted concession of regular bail.

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, Bhiwani, 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; and

(iii)he shall not leave India without prior permission of the Court and shall surrender his passport, if he has got one, otherwise to furnish affidavit in that

regard.

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 to apply for

cancellation of bail.

It is clarified here that nothing discussed above be taken as any opinion on the merits of the case.