Baljit Singh @ Yogesh v. State Of Punjab

CRM-M-15554-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-15554-2022

Reserved on: 03.08.2022

Pronounced on: August 23, 2022 Baljit Singh @ Yogesh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Ravi Malhotra, Advocate for the petitioner. Mr. Amitoj Singh Dhaliwal, DAG, Punjab.

Mr. Mohd. Yousaf, Advocate for the complainant. **** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 13.02.2022 Maqsudan, District 377, 506 IPC, 1860 and Jalandhar Section 3 and 4 of the POCSO Act, 2012 1.

The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 438 CrPC seeking anticipatory bail. 2.

In paragraph 14 of the bail petition, the accused declares that he has no criminal antecedents.

3. Ld. Counsel for the petitioner contends that the custodial investigation would serve no purpose whatsoever, and the pre-trial incarceration would cause an irreversible injustice to the petitioner and family. 4.

Ld. counsel representing the State opposes bail. The contention of behalf of the complainant is that the petitioner is not entitled to bail. REASONING:

5.

The child has stated before the concerned judicial Magistrate that the petitioner took him to his house where he committed bad act with him and threatened to kill him if he would disclose the incident to anyone. He further stated that the petitioner and Kuldip do these kinds of acts even with the other boys of the village. SONIA ARORA 2022.08.23 16:58 I attest to the accuracy and integrity of this document

CRM-M-15554-2022 6.

The allegations are serious and offence heinous and does not entitle the petitioner to bail at this stage.

7.

Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner fails to make a case for bail at this stage.

8. Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. Petition dismissed in aforesaid terms. All interim orders granting bail stand vacated with immediate effect. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE August 23, 2022 sonia arora Whether speaking/reasoned:

Yes Whether reportable:

No.

SONIA ARORA 2022.08.23 16:58 I attest to the accuracy and integrity of this document