LAWS(P&H)-2020-2-280

OM PARKASH Vs. STATE OF HARYANA

Decided On February 19, 2020
OM PARKASH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.207 dated 31.10.2019, under Sections 3(l)(ii) of SC and ST (Prevention of Atrocities) Act and Sections 323, 363, 376(2)(n), 506 of Indian Penal Code (Section 377 of IPC added later on), registered at Police Station Women Faridkot, Haryana.

(2.) Learned counsel for the petitioner contends that the petitioner herein was taken into custody in the aforesaid FIR on 31.10.2019. It is submitted that the petitioner has been falsely implicated in the present case. It is argued that the prosecutrix has not supported the case of the prosecution and turned hostile. It is also contended that out of total 25witnesses, 01 witness has been examined and conclusion of trial will take sufficient time, therefore, the petitioner is entitled to be enlarged on bail.

(3.) Per contra, learned counsel appearing on behalf of respondent-State, on instructions from the Investigating Officer, opposes the grant of regular bail to the petitioner, however, does not dispute the fact that the prosecutrix has turned hostile.