Kuldeep vs State Of Haryana

Shalini Singh Nagpal, J

Petitioner seeks regular bail in case vide FIR No.561, dated 29.09.2024, under Sections 3(5), 74, 140(4), 62, 351(2) of Bharatiya Nyaya Sanhita, 2023, Police Station Kharkhoda, Sonepat. This is the first petition for regular bail.

Complainant Meena Kumari alleged that she boarded an auto-rickshaw which one Bal Krishan was driving, to visit Maruti Company at Kharkhoda. When she reached the gate of Maruti, Car on which sticker No.RJ9576-E was pasted reached, two young boys sitting on front seat rolled down window of the car abused her and misbehaved. They threatened her and the driver of the auto-rickshaw and forcibly tried to abduct her. She raised cries for help upon which a woman and 2-3 boys came in a car and rescued her. The miscreants disclosed their names as Kuldeep and Santosh.

Learned counsel for the petitioner prays for release of the petitioner on regular bail on the ground that he was in custody for the last one year and four months and trial was yet to conclude.

Learned State counsel opposes the prayer for regular bail arguing that allegations against the petitioner who was named in the FIR were serious and specific. He further submits that out of 13 witnesses in the case, four were recorded including the complainant and three were given up.

Petitioner is in judicial custody in the case for the last more than one year, during which period he was released on interim bail for a month. Statement of complainant has been recorded during trial, thus there can be no apprehension of petitioner influencing the main witness. Considering the period of custody and antecedents of the petitioner, who is not stated to be involved in any other case, he is ordered to be enlarged on regular bail subject to his furnishing adequate bail and surety bonds to the satisfaction of trial Court/Duty Magistrate.

All the pending miscellaneous applications, if any, stand disposed of.