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2019 DIGILAW 2649 (PNJ)

Vakeel v. State Of Haryana

2019-09-24

FATEH DEEP SINGH

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JUDGMENT Fateh Deep Singh, J. (Oral) - Since, both these regular bail applications by accused/petitioners-Vakeel and Raja have come about in the same very FIR, thus, both these petitions are taken up and disposed off together. 2. This order shall dispose off two regular bail applications under Section 439 Cr.P.C in a case bearing FIR No.276 dated 09.05.2019 filed under Sections 452 and 120-B of the Indian Penal Code and Section 8 of the POCSO Act, 2012 registered at Police Station Quila, District Panipat, Haryana. 3. The present case has been got registered by mother of the minor girl, aged around 13 years, alleging that both the accused/petitioners-Vakeel and Raja trespassed into their house on the intervening night of 08th/9th May, 2019 and in the house where the minor girl was sleeping, the accused/petitioners under the influence of liquor have molested the complainant's daughter leading to the registration of the present case and arrest of the accused/petitioners-Vakeel on 10.05.2019 and Raja on 09.05.2019. 4. Learned counsel for the petitioners argued that the petitioners are behind the bars for almost 4 1/2 months and that the only allegations of molestation have come about and that the trial is not likely to be concluded in the near future. 5. On behalf of the State, the learned State counsel, assisted by ASI Sunita Police Station Quila, District Panipat, Haryana has opposed the grant of bail on the ground of the allegations that the accused have molested the young minor girl and that, if allowed bail, they will influence the Trial. 6. Going through the submissions of the two sides, the petitioners are behind the bars since long time, thus, culpability, if any, shall be determined at the trial, this Court is of the opinion that it would serve no useful purpose to further detain the petitioners in custody. Accordingly, they are ordered to be released on regular bail to the satisfaction of the Chief Judicial Magistrate/Duty 7. Magistrate/Illaqa Magistrate of the Court concerned. 8. The petition stands disposed off accordingly.