Read Order: Harish Kumar vs State of Haryana
Chandigarh, August 16, 2021: The Punjab and Haryana High Court has made absolute the interim bail granted to a man facing charges under Indian Penal Code section 377, for allegedly sexually abusing another man on the pretext of finding a government job for him.
The FIR in the case was registered on February 26, 2020 at Radaur police station in Yamunanagar district, Haryana.
The High Court had earlier on March 20, 2020 granted interim protection from arrest to the petitioner Harish Kumar on the conditions that he would join the investigation and would be present as and when called for, and would abide by the conditions as specified under Section 438(2) Cr.P.C.
The counsel for the petitioner had contended that the FIR was lodged after a long delay and the petitioner was not even known to the complainant. According to him, there was no occasion for the petitioner to exploit the complainant, much less for procuring a government job for him, as he worked at a Dhaba with his father. The petitioner’s counsel also said that the allegations in the FIR are vague and lack all kind of particulars.
During the hearing on August 12 before the Bench of Justice Manoj Bajaj, the counsel for the petitioner further contended that in deference to the previous order dated March 20, 2020, the petitioner submitted himself before the Police and joined the investigation. According to him, the petitioner cooperated with the Police Authorities during the investigation and furnished requisite bonds to the satisfaction of the Investigating Officer/Arresting Officer.
The State counsel, assisted by SI Krishan Lal, did not dispute that the petitioner had joined the investigation and he was not required for custodial interrogation for the time being.
“Considering the above, the petition is allowed and the interim bail granted by this Court vide order dated 20.03.2020 is made absolute,” the Bench said.