JUDGMENT Mr. Naresh Kumar Sanghi, J. (Oral) - Prayer in this petition is for grant of regular bail to the petitioner, Ranjeet Singh, son of Amar Nath, resident of village Thaska Ali, Police Station, Ismailabad, District Kurukshetra, who has been booked for having committed the offences punishable under Sections 376-D and 506, IPC; Section 67 of the Information Technology Act, 2000; and Section 6 of the Protection of Children from Sexual Offences Act, 2012, in a case arising out of FIR No. 70, dated 24.4.2014, registered at Police Station, Chhappar, District Yamunanagar. 2. Learned counsel contends that the prosecutrix and her mother have been examined as prosecution witnesses before the learned Trial Court; both of them have given clean chit to the petitioner; they were very clear in their depositions that the petitioner was not the person who committed rape on the prosecutrix; and that the learned Public Prosecutor had cross-examined the prosecutrix after taking permission from the Court, but nothing material in favour of the prosecution could be elucidated from her mouth. He further contends that the petitioner is behind the bars from 25.4.2014 and he is neither required nor involved in any other case. He further contends that the depositions of the remaining prosecution witnesses would not improve the prosecution case so far as the involvement of the petitioner is concerned. 3. Learned counsel for the State on instructions from ASI Tarsem Lal of Police Station, Chhappar, District Yamunanagar, submits that he has gone through the depositions of the prosecutrix and her mother and they have specifically denied the involvement of the petitioner in the present case. However, he submits that the video-clips prepared at the time of the occurrence would show the involvement of the petitioner in the alleged crime. 4. I have heard learned counsel for the parties and with their able assistance gone through the material available on record. 5. The certified copies of the statements suffered by the prosecutrix and her mother, while appearing as PW2 and PW1 respectively, are taken on record. The said statements have been perused. The prosecutrix as well as her mother have given a clean chit to the petitioner so far as his involvement in the present case is concerned. The lengthy cross-examination conducted by the learned Public Prosecutor after obtaining necessary permission from the learned Trial Court, could not bring about any positive results for the prosecution.
The said statements have been perused. The prosecutrix as well as her mother have given a clean chit to the petitioner so far as his involvement in the present case is concerned. The lengthy cross-examination conducted by the learned Public Prosecutor after obtaining necessary permission from the learned Trial Court, could not bring about any positive results for the prosecution. So far as the argument of the learned counsel for the State that there is a video-clip showing the involvement of the petitioner while commission of rape on the prosecutrix, would not be of much reliance at this stage since the said video-clip and photographs were not shown to the prosecutrix when she was examined as a prosecution witness. The admissibility of the said video-clip/photographs would be a moot point during the course of the trial. Since the prosecutrix as well as her mother have failed to depose with regard to the culpability of the petitioner, therefore, the present petition is allowed. 6. The petitioner, Ranjeet Singh, son of Amar Nath, resident of village Thaska Ali, Police Station, Ismailabad, District Kurukshetra, is ordered to be released on bail during the pendency of the trial of the present case, subject to his furnishing of bail bond to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Yamunanagar at Jagadhri. 7. It is made clear that the observations made hereinabove are only for the limited purpose of deciding the present petition for grant of regular bail. ---------0.B.S.0------------ —————————