ROBIN SAINI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Sec. 439 of the Code of Criminal Procedure, seeking regular bail in FIR No.200 dtd. 23/3/2021, under Ss. 498-A, 294, 313, 323, 354, 406 and 506/34 IPC, (Final report has been filed under Ss. 313, 323, 406, 498-A, 506 IPC and Ss. 294 and 354 IPC) registered at Police Station, Hansi City, District Hansi.

(2.) Learned counsel for the petitioner has submitted that the present FIR which has been lodged against the petitioner by his wife is result of a concocted story put up by the complainant-wife and the petitioner and his parents have been falsely implicated in this case. He has further submitted that during investigation, the father and mother of the petitioner have been found innocent by the police. He has further submitted that the nature of allegations contained in the FIR are vague. So far as the allegation of forceful abortion of the complainant-wife is concerned, the learned counsel for the petitioner has submitted that the abortion was not by way of coercive methods. He has further submitted that report of the concerned hospital has been attached as Annexure P-4, wherein the factum of abortion has been stated but from the said report, it cannot be transpired that it was the result of some medicine administered to the complainant. He has further submitted that the petitioner is in custody since last 1 month and 22 days and in fact, the police has already investigated the entire case and the challan has also been presented on 20/4/2021. He has submitted that no recovery is to be made from the petitioner and therefore, he has prayed for the grant of regular bail to the petitioner.

(3.) On the other hand, learned State counsel has submitted that it is correct that the petitioner is in custody for the last 1 month and 22 days and it is also correct that investigation of the case is complete and challan has also been presented on 20/4/2021. However, the learned State counsel has opposed the grant of bail on the ground that the matter is serious in nature and as per allegations there are chances of forceful abortion.