PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Harsh Alias Himanshu – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
The present appeal has been filed for setting aside the impugned order dated 29.10.2024 passed by the learned Additional Sessions Judge, Fast Track Special Court, Faridabad, whereby, the regular bail application in case bearing FIR No.737 dated 12.09.2024 of the appellant has been dismissed.
2. The FIR (supra) was lodged on the statement of the complainant by alleging that the accused/appellant was keeping an evil eye on her and about two months ago, he started teasing her and making obscene remarks while she was going to school and out of fear, she did not disclose this incident to anyone due to which, the accused/appellant also gained more courage and started touching her inappropriately. It is further alleged that thereafter, the complainant has told everything to her parents after which her father went to the house of the accused/appellant about one and a half month ago and told his parents about this. Thereafter, about 45 days ago, on 25.08.2024, the accused/appellant came to the village of the complainant by following her and stopped her near Ajit's house at a secluded place and used casteist words and hurled abuses. Thereafter, the complainant
The court considered the grounds for granting bail, including the prima facie case, the possibility of the accused being away from the cause of justice, and the possibility of intimidating or threate....
The court ruled that a complainant's retraction of allegations and declaration as hostile can justify the granting of bail, indicating insufficient grounds for continued detention.
The court considered the duration of custody and the expected trial timeline in granting bail to the appellant.
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