Lovepreet Singh @ Labhu v. State Of Haryana

[1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No.M- 24499 of 2017(O&M) Date of Decision: July 18 , 2017.

Lovepreet Singh @ Labhu ...... PETITIONER (s)

Versus

State of Haryana ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Gurvinder Singh Sidhu, Advocate for the petitioner.

Mr. Sanjay K.Saini, AAG, Haryana.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

The petitioner prays for bail pending trial in FIR No.451 dated 31.12.2016 under Sections 363/366A/120B IPC (the offences punishable under Sections 376/506/511 IPC and Section 4 read with Section 18 of the Protection of Children from Sexual Offences Act, 2012 were added later), registered at Police Station Rania, District Sirsa.

It is submitted that the petitioner has been falsely implicated in this case. The petitioner is not named in the FIR which is lodged on the statement of the father of the alleged victim. The victim in her statement recorded under

[2] Section 164 Cr.P.C. (Annexure P1) does not name the present petitioner. The allegations are levelled against co-accused Gur Amrit @ Amar Singh, Kaka Singh and one Sonu. The Investigating Agency for reasons best known to it, exonerated the said Sonu. The present petitioner has been implicated merely on the basis of a disclosure statement of co-accused Gur Amrit @ Amar Singh. It is submitted that there is no other evidence to inculpate the present petitioner. Final report under Section 173 Cr.P.C. stands submitted. Therefore, this petition be allowed.

Learned counsel for the State, on instructions from ASI Subhash Chander, submits that apart from the disclosure statement of the co-accused, the petitioner has been named in a supplementary statement of the complainant. However, it is not denied that the said supplementary statement by the complainant has been recorded after the disclosure statement suffered by co-accused Gur Amrit @ Amar Singh on 18.01.2017. The petitioner, it is verified, is not involved in any other case. It is further verified that report under Section 173 Cr.P.C. has since been presented and charge against the petitioner alongwith other accused has been framed. The main accused Gur Amrit @ Amar Singh is in custody.

Trial in this case is not likely to conclude in the near future. There are no allegations on behalf of the State that the petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

Keeping in view the facts and circumstances as above but without commenting upon or expressing any opinion on the merits of the case, this

[3] petition filed by Lovepreet Singh @ Labhu is allowed. The petitioner shall be released on bail pending trial subject to his furnishing requisite bail bonds and surety to the satisfaction of the learned Trial Court. The petitioner shall not try to contact the victim or any of her family members directly or indirectly in any manner.

It is clarified that none of the observations made hereinabove shall be construed to be a reflection on the merits of the case. The same are solely confined for the purpose of decision of the present petition. ( LISA GILL ) July 18 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No