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2014 DIGILAW 1069 (PNJ)

Saroj alias Manisha v. State of Haryana

2014-07-16

MEHINDER SINGH SULLAR

body2014
JUDGMENT Mr. Mehinder Singh Sullar, J.(Oral) - Petitioner-Saroj alias Manisha wife of Ashok, has directed the instant petition for the grant of regular bail, in a case registered against her along with her son from the first marriage and main accused Kuldeep son of Jai Parkash @ Pohlu Ram, vide FIR No.58 dated 26.03.2014, for the commission of offences punishable under Sections 363, 366-A, 376, 368, 120-B IPC and POSCO Act, 2012, by the police of Police Station Alewa, District Jind. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, going through the record with their valuable help and after considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this context. 4. Precisely, the prosecution claimed that on the night intervening 24/25.03.2014, the prosecutrix(name intentionally withheld), daughter of complainant-Dalbir son of Sadhu Ram(for brevity “the complainant) has left her parental house. The complainant suspected that main accused Kuldeep has allured his daughter with the connivance of his mother (petitioner). She was stated to have called the complainant on his mobile phone on 24.03.2014 and informed him about the love affairs of Kuldeep with the prosecutrix. No other specific role or particular part is attributed to her in the FIR. All the main allegations of rape etc. are assigned to main accused Kuldeep son of Jai Parkash @ Pohlu Ram(non-petitioner). 5. Moreover, the petitioner, who is a lady, was arrested on 02.04.2014. Since then she is in judicial custody and no useful purpose would be served to further detain her in jail. There is no history of her previous involvement in any other criminal case. Since, not even a single witness has yet been examined by the prosecution, so, the final conclusion of trial will naturally take a long time. 6. In the light of aforesaid reasons, taking into consideration the totality of facts & circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on bail on her furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court. The petitioner is ordered to be released on bail on her furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court. Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits in the trial of the case, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail. ---------0.B.S.0------------ —————————