DEEPAK Vs. STATE OF HARYANA
LAWS(P&H)-2011-3-46
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 07,2011

DEEPAK @ KULDEEP Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

Alok Singh, J. - (1.) THIS is an application seeking regular bail in case FIR No. 544 dated 29.06.2010, under Sections 363, 366, 376 IPC, registered at Police Station Sadar, Hisar, District Hisar. Learned counsel for the petitioner states that petitioner is in jail w.e.f. 02.07.2010 and facing trial for offences punishable under Sections 363, 366, 376 of the Indian Penal Code.
(2.) PERUSAL of the FIR reveals that prosecutrix was lured on the pretext of marriage and she was taken by the accused-petitioner to Sector 13 where he committed rape on the prosecturix. PERUSAL of the FIR further reveals that prosecutrix was known to the accused since before. Prosecutrix is major. Learned counsel for the petitioner has stated that petitioner was not said to have taken the prosecutrix without her consent forcibly, rather, prosecutrix went with the accused on the assurance of marriage. As to whether there was any false promise to marry with her is a matter which can be decided only after evidence. Learned counsel for the petitioner has further stated that petitioner is a young boy pursuing M.B.A. Since charges have already been framed, hence, at this stage, there is no chance to tamper with the evidence. Honble Apex Court in the matter of State of Kerala vs. Raneef reported in 2011(1) R.C.R. (Criminal) 381 has observed as under:- "In deciding bail applications an important factor which should be taken into consideration by Court is the delay in concluding trial. If the accused is denied bail but is ultimately acquitted, who will restore so many years of his life spent in custody." 3. Considering totality of the facts and circumstances of the case, present petition is allowed. Let, petitioner be released on bail to the satisfaction of the learned Trial Court. ;


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