'DNA Report Doesn't Match With Accused', Punjab & Haryana High Court Grants Bail To Gang-Rape Accused In Jail For Over 1.5 Yrs

The Punjab & Haryana High Court has granted bail to a man accused of committing gang rape in 2020 in Haryana.

A bench of Justice Vivek Puri noted that the DNA sample swab collected does not match with the accused, who has been in custody for a period of 1 year and 8 months.

These observations came in response to the plea of an accused seeking regular bail in gang rape case under Sections 376-D, 323, 506 IPC registered at Police Station Bichhor District Nuh, Haryana.

According to prosecution the petitioner along with five other accused persons have committed gang rape against the prosecutrix. 

The counsel for the petitioner argued that the prosecutrix in the case has stated that the petitioner had not committed any wrong act with her. The bail application was rejected by the Trial Court stating that the accusations are "serious in nature".

Considering the submissions, the Court noted that statement of all the prosecution witnesses was recorded about 03 months back and the case is pending for prosecution evidence only awaiting the report of DNA analysis.

"Even the report of DNA analysis has been received which does not match with the petitioner," it added.

It further noted that the petitioner is in custody for a period of 01 year, 08 months and 12 days. Though the petitioner is involved in another case under Section 174-A IPC but is on bail in that case.

Justice Puri opined that, "Keeping in view the fact that the prosecutrix has not impleaded the petitioner during the course of trial and the report of DNA analysis has been received and it does not match with the petitioner, sufficient grounds are made out to extend the concession of bail to the petitioner."

In the light of the above the relief of bail was granted.

Advocate Anas Ahmed Appeared for the petitioner.

Ranvir Singh Arya, Additional Advocate General for Haryana.

Citation: 2023 LiveLaw (PH) 258

Case Title: X v. Haryana