KAMAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Section 439 Cr.P.C. for the grant of regular bail to the petitioner in FIR No. 29 dated 08.07.2019, under Sections 376, 506 IPC, registered at Police Station Industrial Sector 29, Panipat, District Panipat.

(2.) Learned counsel for the petitioner argues that the allegations which have been alleged against the petitioner are false and rather the prosecutrix, who was earlier married to the uncle of the petitioner, had borrowed Rs. 30,000/- from him and it was only when the prosecutrix was required to return the said amount, the petitioner has been falsely implicated in the present FIR.

(3.) Learned counsel for the petitioner submits that the prosecutrix is not appearing before the Court for her examination despite the fact that the bailable warrants were issued against her. Learned counsel further submits that on 04.02.2021, to secure the presence of the prosecutrix, non-bailable warrants have been issued and therefore, keeping in view the conduct of the prosecutrix, especially, when the petitioner is already behind the bars for the last more than one and half year, the petitioner is entitled for the grant of regular bail.