Yudhvir Singh @ Vicky v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 09.11.2021 Yudhvir Singh @ Vicky ...... Petitioner

Versus

State of Punjab ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Akshay Rana, Advocate for the petitioner.

Mr. Luvinder Sofat, AAG, Punjab.

Mr. J.S.Kang, Advocate for Mr. K.S.Dhaliwal, Advocate for the complainant.

**** Manjari Nehru Kaul, J.(Oral) This is the second petition under Section 439 Cr.PC for grant of regular bail to the petitioner in case FIR No.284 dated 04.10.2018 under Sections 376, 506 IPC and Sections 4, 6 and 8 of POCSO Act, 2012 registered at Police Station Phillaur Jalandhar. Learned counsel submits that a false and fabricated case has been foisted upon the petitioner by the parents of the victim on the allegations that the petitioner along with the co-accused caught hold of the victim when she had gone to the market for making some purchases. Thereafter they took her to a haveli where she was sexually assaulted. Learned counsel has submitted that the victim and the complainant have

-2intentionally not been appearing before the trial Court to get their evidence recorded. He has therefore prayed that as the petitioner has been in custody since 04.10.2018, he be extended the concession of bail as 12 more prosecution witnesses out of 15 cited, remain to be examined. Learned State counsel assisted by the counsel for the complainant has vehemently opposed the grant of bail to the petitioner by urging that there are serious and grave allegations levelled against the petitioner of ravishing the person of the victim, who was just 13 years of age, which in turn also finds corroboration from the medical evidence. Heard learned counsel and perused the material available on record.

Prima facie there are serious and grave allegations levelled against the petitioner of violating the person of a 13 year old girl for which he does not deserve the concession of bail.

The present petition stands dismissed. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case. At this stage, learned counsel submits that as the petitioner has been in custody since 04.10.2018, directions be issued to the trial Court to expedite the trial and conclude the same expeditiously. Learned counsel for the petitioner as well as the complainant have assured the Court that no unnecessary adjournments would be sought for, by them, which would hamper the proceedings before the trial Court. Learned counsel for the complainant has rather submitted that the victim

-3and the complainant would get their respective evidence recorded as and when they are summoned by the trial Court for the same. In the circumstances, the petition is disposed of with the direction to the trial Court to make earnest efforts to expedite the trial and conclude the same expeditiously preferably within four months. (MANJARI NEHRU KAUL) JUDGE 09.11.2021 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No