Parvesh @ Aman vs State Of Haryana

Anupinder Singh Grewal, J

Heard through video conferencing.

The petitioner is seeking regular bail in FIR No.183 dated 02.10.2019, under Sections 363, 366-A IPC (Sections 376-D, 328, 506 IPC and Section 6 of

the POSCO Act added later on), registered at Police Station Pillukhera, District Jind.

Learned counsel for the petitioner contends that it is alleged that the petitioner had taken away the niece of the complainant after enticing her. He,

however, contends that petitioner was 18 year old at the time of incident while the niece of the complainant was 17 year old and she had willingly

accompanied him. He also contends that the statement of the niece of the complainant under Section 164 Cr.P.C. was recorded before the Magistrate

after 03 days of her return. She had stated that she had willingly gone with the petitioner and it was only later on that she had falsely implicated the

petitioner in the case. The petitioner, who is 19 year old, is in custody for over 01 year and 03 months. He is not involved in any other criminal case.

Learned State counsel states that although the challan has been filed but none of the 22 prosecution witnesses has been examined.

In view of the above, especially when the petitioner, who is 19 year old, is in custody for over 01 year and 03 months, he is not involved in any other

criminal case, Covid 19 pandemic and the conclusion of the trial is likely to take some time, I deem it a fit case to grant the concession of regular bail

to the petitioner.

Therefore, without expressing any opinion on the merits of the case, the petition is allowed. The petitioner is ordered to be released on regular bail on

his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.