High Court of Punjab and HaryanaCRM-M/10799/2020dismissed

Kamal Chawla v. State Of Punjab

2020-03-13Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-10799-2020 (O&M) Decided on : 13.03.2020 Kamal Chawla . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. G.S. Bhasin, Advocate for the petitioner(s).

**** MANJARI NEHRU KAUL, J. (Oral) The instant petition has been filed under Section 438 Cr.P.C., for grant of anticipatory bail, in case FIR No. 17, dated 28.01.2020, registered under Sections 354, 506 IPC, Section 10 of the POCSO Act, Section 67A of the IT Act, 2008 and Section 3 of the SC/ST Act, 1989, at Police Station Bahawala, District Fazilka.

Learned counsel for the petitioner inter alia contends that the petitioner is innocent and has been implicated in the FIR in question on the basis of false allegations. It has been further contended that the FIR in question has been lodged by the complainant to exert pressure upon the petitioner to forego the money, which he had advanced to the complainant prior in time. Not only this, it was further contended that on a perusal of the FIR in question, it was very evident that no specific role had been attributed to the petitioner, but the complainant just had a mere apprehension that the petitioner may put the photographs of the prosecutrix on the social media and thereafter bring her to disrepute.

Heard and perused the FIR as well as other material on record. The victim is a minor of 15 years of age. The allegations JAWALA RAM 2020.03.19 14:19 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-10799-2020 - 2 - against the petitioner are of indulging in obscene acts with her and thereafter sending obscene messages on the mobile phone of the victim. There are specific allegations against the petitioner of not only threatening the daughter of the complainant of making her photographs viral on the net but also threatening her and her family with dire consequences. Keeping in view the serious allegations levelled against the petitioner, no ground for grant of anticipatory bail is made out. Dismissed. However, it is made clear that anything observed herein shall not be construed as an expression of opinion on the merits of the case.

(MANJARI NEHRU KAUL) JUDGE March 13, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.03.19 14:19 I attest to the accuracy and authenticity of this document Chandigarh