Research › Search › Judgment

Punjab High Court · body

2019 DIGILAW 2450 (PNJ)

Parveen Kumar v. State of Haryana

2019-09-03

HARI PAL VERMA

body2019
Judgment Mr. Hari Pal Verma, J. (Oral):-Prayer in this petition filed under Section 439 Cr.P.C. is forgrant of regular bail to the petitioner in case FIR No. 34, dated 09.04.2019,under Sections 354, 354-A, 354-D, 506 IPC and Sections 8, 10 and 12 ofPOCSO Act, registered at Police Station Women Sirsa, District Sirsa. 2. Learned counsel for the petitioner has argued that the aforesaidFIR has been registered at the behest of the victim, aged about 17 years ofage, who has appeared in 10th class examination. As per the FIR, thepetitioner is maintaining illicit relations with her mother for the last about 2years and for the last 5-6 months, he has been harassing and disturbing thevictim and asked as to why, she has disclosed his relationship with themother of the victim to her father. On 08.04.2019 when the victim wasgoing to the house of her uncle, during the way, the petitioner had caughthold of the hand of the victim with bad intention and stated that in case shedisclose this to her father or any other family member, then he will do thesame thing with her which he used to do with her mother. Learned counselhas further argued that FIR has been registered though on behalf of thevictim, but through her father as they suspect that the petitioner ismaintaining illicit relations with the mother of the victim. Otherwise, thepetitioner is in custody since 15.04.2019 and only the allegation against thepetitioner is that he caught hold the hand of the victim with a bad intention.Trial is not likely to be concluded in near future. 3. Learned State counsel, on instructions from ASI Manju Bala,has argued that victim is about 17 years of age. The allegations against thepetitioner are serious as he had caught hold the hand of the victim, who isstudent of 10th class. 4. Heard learned counsel for the parties. 5. The petitioner is in custody since 15.04.2019. In the background, there are allegations that the petitioner has illicit relations with themother of the victim, the possibility of false implication in this case cannotbe ruled out. The trial is not likely to be concluded in near future, therefore,this Court deems it appropriate to admit the petitioner on bail. 6. Accordingly, present petition is allowed and the petitioner isadmitted on regular bail, subject to furnishing of his bail bonds/surety bondsto the satisfaction of trial Court. 7. The trial is not likely to be concluded in near future, therefore,this Court deems it appropriate to admit the petitioner on bail. 6. Accordingly, present petition is allowed and the petitioner isadmitted on regular bail, subject to furnishing of his bail bonds/surety bondsto the satisfaction of trial Court. 7. It is made clear that the petitioner shall not extend any threatand shall not try to influence any prosecution witnesses directly or indirectlyin any manner. 8. However, it is made clear that the observations madehereinabove shall not be construed as an expression on the merits of thecase and the trial Court shall proceed with the trial independently withoutbeing influenced by the order of bail passed by this Court.