Allowed

Vikas Alias Vikash v. State of Haryana

Punjab & Haryana HC10 Sept 2024CRM-M/43625/2024

Case brief

AI extract

What is this about?

Regular bail sought in a POCSOL/kidnapping case arising from a missing-person FIR. Petitioner claims a consensual relationship and marriage; State confirms marriage and birth of a child but notes positive FSL/DNA reports. The victim turned hostile at trial. Bail granted after custody of over eight months.

What did the court decide?

Petitioner released on regular bail subject to furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

Vikas Alias Vikash Vs State of Haryana — Child Sexual Offences (POCSO) | Punjab & Haryana HC (2024)

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CRM-M-43625-2024

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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203

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Criminal Misc. No. M-43625 of 2024 Date of decision :-10.09.2024

Vikas @ Vikash

…..Petitioner

Versus

State of Haryana

…..Respondent

CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

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Present:Mr. Amit Kumar, Advocate f or Mr. Rahul Sidher, Advocate for the petitioner.

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Ms. Deepshikha Chauhan, A AG, Haryana.

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NIDHI GUPTA J. (Oral)

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Prayer in this petition filed u nder Section 439 Cr.P.C. is for grant of regular bail to the petitioner during pendency of the trial in case F I R No343 dated 25.4.2020 (Ann e xure P-1) under Section 346 IPC [Sec t ions 363, 366-A and 376(3) IP C and Section 4 of Protection of Child r en from Sexual Offence Act (Amended) added later on] registere d at Police Station HTM Hisar, D istrict Hisar.

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The FIR in the present cas e has been registered on the basis of s t atement of the father of the vic t im, which reads as follows :-

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“It is requeste d that I, Kuldeep Singh Son of Manohar Lal am res i dent of Tibba dana sher. I have two daughters a n d two sons. Eldest is Swety after that Dipali a g ed 9 years and son Nitin aged12 years and you n gest from all is son Vikrant. I am Truck Driver b y profession. My daughter

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VIJAY ASIJA 2024.09.10 16.09 I attest to the accuracy and integrity of this document

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CRM-M-43625-2024 2

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Sweety is 14 years is s tudied in 7th class. On dated 24.04.2020 at 5:00 P M she had gone purchase/ bring medicine from s hop but till date she didn't return back at house. I searched my daughter at my level in relative s but she didn't trace. Her colour is whitish rou n d face thin body long hair and she dressed shirt o f Grey colour and salwar of Red colour and sand l e/ Slipper of High heel. My daughter may be sear c hed.”

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Learned counsel for the p e titioner, inter alia , submits that the p etitioner is not named in the F IR. Only a missing person FIR has b een registered by the complain a nt. In fact the victim and the petitione r were in a consensual rel a tionship; even they have solemniz e d the marriage; and out of th e said wedlock, one son has also been born out.

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Learned counsel for the S t ate has opposed the prayer made o n behalf of petitioner and s u bmits that at the time of commiss i on of offence, the victim was 14 years of age. She has supporte d the case of the prosecution in h er statement recorded under Section 1 64 Cr.P.C. The FSL as well as the DNA Reports in the present c a se are positive. Out of total 2 0 prosecution witnesses, 18 witnesse s have already been examined. Learned State counsel has filed the C ustody Certificate dated 09.09.2024 in Court. The same is taken on record. Copy thereof supplied to the counsel opposite. As per the C ustody Certificate, the petitio n er has undergone the actual custody o f 08 months and 02 days as un d ertrial. Learned counsel for the State , on instructions from ASI M o hinder Singh, confirms the factum o f marriage between the petitione r and the victim; as also birth

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VIJAY ASIJA 2024.09.10 16.09 I attest to the accuracy and integrity of this document

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CRM-M-43625-2024 3

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of a chil d from the said wedlock, who i s presently stated to be 6-7 months o ld. However, learned counsel for the State admits the fact that the v ictim in her testimony, recor d ed before the learned trial Court, ha s turned hostile.

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I have heard learned coun s el for the parties and gone

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through t h e case file carefully.

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Without commenting on the merits of the case, however, keeping i n view the totality of facts and circumstances of the case as noted ab o ve, including the fact that: (a) p eriod of actual custody of 08 months a nd 02 days undergone by the petitioner as undertrial; (b) perusal of the custody certificate reveal s that there is no other case against t h e petitioner; and (c) the mater i al witness i.e. the victim in her testi m ony recorded before the lea r ned trial Court has turned hostile, f u rther custody of the petitioner i s not justified. Accordingly, without m eaning any expression of opin i on on the merits of the case, it is ord e red that the petitioner Vikas @ Vikash s/o Subhash be released on regular bail subject to his furnishing requisite bail bonds/su r ety bonds to the satisfactio n of the trial Court/Duty Magistra t e, concerned.

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The petition is allowed.

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Septemb e r 10, 2024 ( NIDHI GUPTA ) Vijay Asija JUDGE

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Whether sp e aking/reasoned Yes / No Whether Re p ortable Yes / No

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VIJAY ASIJA 2024.09.10 16.09 I attest to the accuracy and integrity of this document

Vikas Alias Vikash v. State of Haryana

Case brief

What is this about?

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Vikas Alias Vikash v. State of Haryana

Case brief

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What did the court decide?

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