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2014 DIGILAW 481 (PNJ)

Sajan @ Saj @ Sajjan v. State of Haryana

2014-03-10

NARESH KUMAR SANGHI

body2014
JUDGMENT Mr. Naresh Kumar Sanghi, J.:- Prayer in this petition is for grant of regular bail to petitioner Sajan @ Saj @ Sajjan who has been booked for having committed the offences punishable under Section 376, IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Atrocities of Prevention) Act, (for brevity “the Act”) in a case arising out of FIR No.230, dated 28.05.2013, registered at Police Station, Rattia, District Fatehabad. 2. Learned counsel contends that the charge for the offence punishable under Section 376, IPC, has been framed while the offence punishable under Section 3 of the Act has been dropped; that even if the whole case of the prosecution is taken at its face value then also it will be debatable as to whether the ingredients of Section 375, IPC, are attracted for prosecution of the petitioner for the offence punishable under Section 376, IPC; that concededly, the prosecutrix had sex with the petitioner several times; that the prosecutrix is six years older then the petitioner; that the deposition of the prosecutrix has already been recorded by the learned trial court, therefore, the petitioner would not be in a position to put any pressure or win over the prosecutrix. 3. Learned counsel for the State very fairly concedes that the prosecutrix is about six years older then the petitioner. He also concedes that the deposition of the prosecutrix has already been recorded and there is no allegation that the petitioner maintained relation with the prosecutrix without her consent. 4. I have heard the learned counsel for the parties and with their able assistance gone through the material available on record. 5. Concededly, the deposition of the prosecutrix has already been recorded. The applicability of Section 376, IPC, would be a moot point during the course of trial in view of the peculiar facts of the case. The petitioner is behind the bars from 28.05.2013 and therefore, his further incarceration does not appear to be worth. 6. In view of the totality of the facts and circumstances of the case, the present petition is allowed. Petitioner-Sajan @ Saj @ Sajjan son of Ram Chander, r/o village Nagpur, P.S.Rattia, District Fatehabad, is ordered to be released on bail during the pendency of trial of the present case, subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Fatehabad. ---------0.B.S.0------------