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High Court of Punjab and HaryanaCRM-M/4948/2020allowed

Ram Singh v. State Of Punjab

2020-02-14Ms. Justice Jaishree Thakur2 pages

CRM-M No.4948 of 2020 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.4948 of 2020 Date of Decision.14.02.2020 Ram Singh

...Petitioner

Vs State of Punjab

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Nagar Singh, Advocate for the petitioner.

Mr. Davinder Bir Singh, DAG, Punjab.

-.- JAISHREE THAKUR J. (ORAL) 1.

The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.67 dated 25.07.2019 under Sections 354, 354-D IPC and Section 12 of POCSO Act, 2012 registered at Police Station Sanaur, District Patiala. 2.

Learned counsel for the petitioner would contend that petitioner has been falsely implicated in the present FIR and is in custody since 26.07.2019. The investigation is complete and challan has already been presented, however, despite summoning, the prosecutrix is not coming forth for recording her statement.

3.

Per contra, learned counsel appearing on behalf of the respondent-State opposes the bail application, while contending that the offences alleged against the petitioner are serious in nature and therefore, he is not entitled to concession of regular bail. 4.

I have heard learned counsel for the parties. 5.

Since the investigation is complete and challan has already PANKAJ KUMAR 2020.02.15 12:50 I attest to the accuracy and integrity of this document

CRM-M No.4948 of 2020 -2been presented and the trial is likely to take some time to conclude, as also the fact that despite summoning, the prosecutrix is not coming forward to record her statement, no useful purpose would be served in keeping the petitioner behind the bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal bond and surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) JUDGE February 14, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.02.15 12:50 I attest to the accuracy and integrity of this document