Judgment:
CRM No.M-7640 OF2014(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-7640 OF2014(O&M) DECIDED ON : 02.06.2014 Ankur @ Sonu ...Petitioner versus State of Haryana ...Respondent CORAM : HON'BLE Mr.JUSTICE S.S.SARON Present : Mr.A.S.
Sullar, Advocate, for the petitioner.
Ms.Tanisha Peshawaria, DAG, Haryana.S.S.
SARON, J.
(ORAL) Heard learned counsel for the parties.
The present petition has been filed by the petitioner Ankur alias Sonu seeking regular bail in a case registered against him, vide FIR No.48 dated 21.01.2014 for the offences under Sections 376-D, 120-B, 354 of the Indian Penal Code, besides Section 3 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, registered at Police Station City, Bhiwani.
The FIR in the case has been registered on the statement of prosecutrix, who has inter-alia alleged that she along with Maya sat on the motorcycle of Krishan and they Bhatia Shalini 2014.06.03 16:08 I attest to the accuracy and integrity of this document High Court Chandigarh CRM No.M-7640 OF2014(O&M) -2- reached in a office situated at Dinod Gate, Bhiwani.
Three boys were present in the said office and they were consuming liquor.
The prosecutrix along with Maya stood in the room.
One person namely Krishan tried to outrage her modesty and forcibly committed wrong acts with her.
Thereafter, his friend Ashwani did wrong act with her.
There were two other boys who did not commit any wrong act with her.
This wrong act had been got done by the collusion of Maya.
Thereafter, statement of prosecutrix was recorded under Section 164 of the Code of Criminal Procedure, in which she has stated that in the office, there were three boys who were drinking.
Krishan rolled down the shutter of the office and started doing wrong acts with her.
Then Krishan and Ashwani committed rape upon her and the other two boys only troubled her.
Thereafter, the prosecutrix rang up a friend of her brother and came to the police station.
The challan in the case has been filed.
The petitioner is stated to be in custody since 22.01.2014.
As per initial version, the petitioner, who is one of the two boys, did not commit any wrong act with the prosecutrix but in the statement recorded under Section 164 of the Code of Criminal Procedure, the prosecutrix alleges that the other two boys troubled her.
The prosecution has to establish and prove its case by leading evidence.
From the facts and circumstances of the case, it would be just expedient that the petitioner is granted the concession of Bhatia Shalini 2014.06.03 16:08 I attest to the accuracy and integrity of this document High Court Chandigarh CRM No.M-7640 OF2014(O&M) -3- regular bail.
Consequently, the petition is allowed and the petitioner namely Ankur @ Sonu is admitted to bail on his furnishing personal bond and surety to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Bhiwani.
JUNE02 2014 (S.S.SARON) shalini JUDGE Bhatia Shalini 2014.06.03 16:08 I attest to the accuracy and integrity of this document High Court Chandigarh