CRM-M-34440-2024 (O&M) 217 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-34440-2024 (O&M) Decided on: 03.04.2025 Pankaj Mandal . . . Petitioner Versus State of Haryana . . . Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present : Mr. Gaurav Singla, Advocate for the petitioner. Mr. Anmol Malik, DAG Haryana Mr. Gaurav Gupta, Advocate for the complainant **** KIRTI SINGH , J. (Oral) The jurisdiction of this Court under Section 439 of Cr.P.C. has been invoked for grant of regular bail to the petitioner in case FIR No.24 dated 12.01.2023, under Sections 363, 366-A IPC, 1860 and Section 6 of Protection of Children from Sexual Offence Act, 2012 (added later on) registered at Police Station Dabua, District Faridabad. 2. The contents of the above-mentioned FIR are reproduced herein below:- “To the SHO, Sainik Colony Faridabad. That I Ashok Mandal S/o Ganesh Mandal R/o Raipur P.S. Amdabad Distt. Katihar, Now R/o H.No. 4262 Near Kali Mata Mandir, Nehru Colony, Faridabad. I am doing the meson work. I have three daughters and one son. My second no. daughter Juli Kumari aged about 17 years. On dated 09.01.2023 at around 1:00 PM REENA 2025.04.04 05:04 I attest to the accuracy and integrity of this document Chandigarh CRM-M-34440-2024 (O&M) Pankaj Mandal @ Karan Mandal S/o Subodh Mandal R/o Daulat Nagar, Distt. Malda, West Bengal enticed and took away my daughter Juli Kumari on the pretext of marriage Juli had wears green colour pullover and red colour suit. Juli is age about 17 years and height 4'10" and having fair round face and mole on the lower lip. I am searching my daughter at my own level till today but she did not found. Today I am coming to you and search my daughter and take legal action. Applicant: Ashok Mandal M. No. 9873145469. ” 3. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case on the statement of the father of the prosecutrix. He further submits that the petitioner and daughter of the complainant had solemnized marriage on 12.08.2024 and the marriage was also registered. The copy of marriage certificate and copy of registration certificate of marriage are annexed as Annexures A-1 and A-2. It is further stated that the material witnesses have been examined and the victim has turned hostile. He further submits that the petitioner has undergone an actual custody of 01 year, 06 months and 24 days and there is no other case pending against him. 4. Per contra, learned State counsel has admitted the factum of marriage and on instructions from Inspector Mahabir submits that charges were framed on 17.06.2023 and out of a total of 18 prosecution witnesses only 03 have been examined. He further submits that petitioner has undergone an actual custody of 01 year, 06 months and 24 days and there is no other case pending against him. Learned State counsel does not controvert the fact that the material witnesses have been examined and the victim has turned hostile. 5. Having heard learned counsel for the parties and after perusing the record of the case, it transpires that the petitioner has undergone an actual custody REENA 2025.04.04 05:04 I attest to the accuracy and integrity of this document Chandigarh CRM-M-34440-2024 (O&M) of 01 year, 06 months and 24 days and there is no other case pending against him. The material witnesses have been examined and the victim has turned hostile. The trial of the case has not made much progress as out of 18 prosecution witnesses only 03 have been examined so far. The prosecutrix has turned hostile. No useful purpose shall be served by further detention of the accused/petitioner. Keeping the petitioner in further detention without the prospect of the trial being concluded in the near future, would be violate of his rights under Article 21 of the Constitution of India including the right to speedy trial, and is against the principle “Bail is a rule, jail is an exception” as elucidated in the judgment of Apex Court in “Dataram Singh vs. State of Uttar Pradesh and another”, (2018) 3 SCC 22. 6. Without commenting anything on the merits of the case, lest it may prejudice the trial, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate. The petitioner shall also abide by the following conditions:- (i) The petitioner will not tamper with the evidence during the trial. (ii) The petitioner will not pressurize/intimidate the prosecution witness(s). (iii) The petitioner will appear before the trial Court on the date fixed, unless personal presence is exempted. (iv) The petitioner shall not commit an offence similar to the offence of which he is accused of, or for commission of which he is suspected. (v) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. 7. In case of breach of any of the above conditions, the prosecution shall REENA 2025.04.04 05:04 I attest to the accuracy and integrity of this document Chandigarh CRM-M-34440-2024 (O&M) be at liberty to move an application for cancellation of bail before this Court. 8. However, nothing stated above shall be construed as a final expression of opinion on the merits of the case and the trial Court would proceed independently of the observations made in the present case which are only for the purpose of adjudicating the present bail petition. 9. Pending miscellaneous application(s), if any, also stands disposed of. (KIRTI SINGH) JUDGE 03.04.2025 reena Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No REENA 2025.04.04 05:04 I attest to the accuracy and integrity of this document Chandigarh