CRM-M-377 IN THE HIG 247 Vishnu Rath State of Hary CORAM: H Present: - NIDHI GUP the Bharatiy in case FIR Sections 323 Central Farid aforesaid FIR the victim was driving one of whom other secon accordingly, petitioner. learned trial the petitione 3777-2025 -1- E HIGH COURT OF PUNJAB AND HA CRM Date o u Rathore Versus Haryana M: HON'BLE MS. JUSTICE NIDH Mr. PS Jammu, Advocate for th Mr. Dushyant Saharan, AAG, H I GUPTA, J. (ORAL) The petitioner has filed the pre aratiya Nagarik Suraksha Sanhita, 20 e FIR No. 361 dated 04.09.2023 (An 323, 365, 376-D, 506, 120-B an l Faridabad, District Faridabad. Learned counsel for the petition aid FIR (Annexure P-1) was registere herself wherein the allegation ag riving the auto-rickshaw in which 02 o whom is alleged to have committed second accused tried to commit r ingly, submitted that there is no al ner. Moreover, the victim in her tes d trial Court dated 20.07.2024 (Anne titioner and has categorically stated ND HARYANA AT CHANDIGARH CRM-M-3777-2025 Date of Decision: 31.01.2025 .… Petitioner .... Respondent NIDHI GUPTA for the petitioner. AG, Haryana. he present 2nd petition under 483 of ita, 2023, for grant of regular bail (Annexure P-1) registered under B and 34 IPC at Police Station etitioner, inter alia, submits that the istered on the basis of statement of tion against the petitioner is that he h 02 other co-accused were present, itted rape upon the victim; and the mit rape upon the victim. It is no allegation of rape against the r testimony as PW-1 before the (Annexure P-2), has not identified stated that she does not know the 3 of nder tion t the t of t he sent, the t is the the ified the RISHU KATARIA 2025.01.31 18:56 I attest to the accuracy and authenticity of this order/judgment. CRM-M-377 petitioner Whereas, th victim has be untraceable. is not invol released on r opposes the that during t petitioner. H during her instructions informed tha already been Further, it is yet to be exa today. 26.01.2025 in custody as Perusal of th in any other in view the 3777-2025 -2- ner and that the petitioner has com the second accused who alleged has been identified by her; and the 3 eable. The petitioner has been in custo involved in any other case. Thus, ed on regular bail. Per Contra, learned counsel es the prayer for grant of regular bail uring the course of investigation, the v ner. However, learned counsel for the her examination-in-chief as PW tions from ASI Jai Karan, learned ed that out of total 34 prosecution w y been examined so far; and 26 witne r, it is informed that the Investigating be examined and the date of hearing b Learned counsel for the State f 5 which is taken on record, as per tody as an undertrial for a period of 01 l of the custody certificate shows tha other case. I have heard learned counsel for Without commenting on merits w the totality of the facts and circums s committed no wrong with her. llegedly committed rape upon the the 3rd accused in the present case is n custody for more than 01 year. He Thus, it is prayed that he may be ounsel for the State vehemently ar bail to the petitioner and submits , the victim had duly identified the for the State admits that the victim PW-1 has failed to do so. On earned counsel for the State has ution witnesses, 08 witnesses have witnesses remain to be examined. gating Officer in the present case is ring before the learned trial Court is State files custody certificate dated as per which the petitioner has been 01 year, 04 months and 23 days. s that the petitioner is not involved sel for the parties. merits of the case, however, keeping ircumstances of the case, including: . the se is He be ntly mits the ctim On has ave se is rt is ated een . lved ping RISHU KATARIA 2025.01.31 18:56 I attest to the accuracy and authenticity of this order/judgment. CRM-M-377 (a) custody p petitioner as the petitione i.e. the victim witnesses, far, therefor useful purpo Thus, the pre ordered to b to the satis Magistrate, c construed as 31.01.2025 rishu 3777-2025 -3- stody period of 01 year, 04 months ner as an undertrial; (b) perusal of cu titioner is not involved in any other c victim already stands examined; and , 08 witnesses have been examined erefore, conclusion of trial will tak purpose would be served by furthe the present petition is allowed. The petitioner-Vishnu Rathore d to be released on regular bail on hi satisfaction of the trial Court/Ch trate, concerned. However, it is made clear that ued as an expression of opinion on the 2025 Whether speaking/reasoned Whether Reportable and 23 days undergone by the l of custody certificate reveals that other case; (c) that material witness ; and (d) out of total 34 prosecution mined by the learned trial Court, so ill take considerable time, and no further detention of the petitioner. athore S/o Sh. Virender Singh, is on his furnishing bail/surety bonds urt/Chief Judicial Magistrate/Duty r that nothing stated above shall be on the merits of the case. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No the that ness tion so no ner. is nds uty ll be RISHU KATARIA 2025.01.31 18:56 I attest to the accuracy and authenticity of this order/judgment.