Ram Kuma vs State of Haryana

Statement dated 12.10.2018 is taken on record as Annexure P/4, subject to all just exceptions.

The application stands disposed of.

MAIN CASE

The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.45 dated 19.03.2018, under

Sections 506, 120-B of Indian Penal Code and Section 4 of POCSO Act, registered at Police Station Ismailabad, District Kurukshetra.

Learned counsel for the petitioner contends that the petitioner herein was taken into custody in the aforesaid FIR on 06.04.2018. It is argued that the

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

been declared hostile. It is also contended that 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, while submitting that the offences alleged against the petitioner are serious in nature. However, she 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 06.04.2018 and that the

prosecutrix has turned hostile and did not support the prosecution case, 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.