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Judgment
ANITA CHAUDHRY, J
The petitioner is seeking regular bail in FIR No. 104 dated 25.5.2017 registered at Police Station Sanoli, Panipat, District Panipat under Sections 306,
452, 120-B, 34 IPC.
Counsel for the petitioner contends that the petitioner is in custody since May 2017 and the alleged incident has taken place at 11.00 P.M. and the
complainant was not present at the spot and the girl was taken to the hospital only at 2.00 A.M. The counsel urges that the girl was having an affair
with the petitioner and they have the call details which would show that they were in constant touch and there was no earlier complaint. He also
submits that the charge has been framed under Section 305, 452 IPC. He further states that the complainant has been examined.
The call details which were available with the petitioner were also shown in the Court.
The petitioner is in custody for almost 11 months. The complainant has been examined. The complainant was not present on the spot. He was living in
another village. The complainant has admitted that his daughter was using a mobile number. There are calls made from that mobile to the petitioner's
mobile. The trial Court after the trial will find if it was a case of instigation, aiding or abetment.
Without commenting anything on the merits of the case and considering the fact that the trial will take time to conclude, the petition is allowed and the
petitioner is ordered to be released on bail on his furnishing local surety and adequate bonds to the satisfaction of the trial Court/Duty Magistrate.