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2019 DIGILAW 626 (PNJ)

Dogar @ Monu v. State of Haryana

2019-02-27

RAJ SHEKHAR ATTRI

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JUDGMENT Mr. Raj Shekhar Attri, J. (Oral):- The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.160 dated 06.09.2018, registered for the offences punishable under Sections 354-A, 452, 323, 363, 366-A, 511, 34 of Indian Penal Code (for short, “IPC”) and Section 8 of Protection of Children from Sexual Offences Act, at Police Station Jakhal, District Fatehabad. Heard. 2. It has been submitted by learned counsel for the petitioner that petitioner is not named in the FIR. However, he has stated that one Vijay tried to kidnap the minor daughter of the complainant and he also attacked on the complainant. 3. No test identification parade was conducted after arrest of the petitioner and co-accused. Statement of the prosecutrix has been recorded wherein she has stated that she has seen them in the police custody and identified them. Co-accused have already been granted bail by this court in CRM-M-3329-2019. 4. Without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of trial Court/Chief Judicial Magistrate/Duty Magistrate, concerned subject to following terms:- (a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C. (b) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the petitioner shall have to apply for bail afresh. (c) He shall not leave the country without the previous permission of the court.