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High Court of Punjab and HaryanaCRM-M/5326/2021allowed

Siya @ Seeta v. State Of Punjab

2021-02-10Mr. Justice Harnaresh Singh Gill2 pages

CRM-M No. 5326 of 2021 -1In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 5326 of 2021 Date of Decision: 10.2.2021 Siya @ Seeta ......Petitioner

Versus

State of Punjab ......Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Piyush Sharma, Advocate for the petitioner.

Mr. Sukhbeer Singh, AAG, Punjab.

**** HARNARESH SINGH GILL , J. (ORAL) Case is taken up for hearing through video conferencing. The petitioner seeks regular bail in FIR No. 155 dated 09.5.2020 under Sections 376, 120-B, 506 IPC and Sections 3 and 4 of Protection of Children from Sexual Offences Act, 2012 registered at Police Station City Ferozepur, District Ferozepur.

Learned counsel for the petitioner submits that PW-1 the complainant/victim, PW-2 Manjit Kaur-mother of the victim and PW-3 Sonu, uncle of the victim have turned hostile. He has placed on record the statements of the said prosecution witnesses recorded before the trial Court on 07.12.2020.

Learned State counsel has not disputed the fact that the three prosecution witnesses i.e. the complainant/victim, her mother and uncle have been turned hostile.

GURPREET SINGH 2021.02.10 16:12 I attest to the accuracy and integrity of this document Chadigarh

CRM-M No. 5326 of 2021 -2In the present case, the victim/complainant, her mother and uncle have resiled from their earlier statements and they have been declared hostile. The petitioner is a lady from the family of the victim-complainant and she has been in custody since 09.5.2020. The trial will take time to conclude because of Covid-19 pandemic. No useful purpose would be served by keeping the petitioner behind the bars. Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on her furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(HARNARESH SINGH GILL) JUDGE February 10, 2021 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2021.02.10 16:12 I attest to the accuracy and integrity of this document Chadigarh