Lovepreet Singh Alias Billa v. State Of Punjab




 



 

  

 



 

  

 



 

  

 



 

 

   
   
   
  




 


 !" #!#$
LOVEPREET SINGH ALIAS BILLA  %
& STATE OF PUNJAB




















 ' ( 

)

)

)

) 







 *+
) ,
 , 
)  
  *+
) ,
 , 
)  
  *+
) ,
 , 
)  
  *+
) ,
 , 
)  

Present:- Mr. Rajesh Kumar Dhankhar, Advocate for the petitioner.

)
) -
./%0
 0
/ -1



22222
)  
0

3 %45 )  
0

3 %45 )  
0

3 %45 )  
0

3 %45





Petitioner has filed instant petition under Section 483 of 6%7
8%9
,/%9 6
, 60
#!# for grant of regular bail in FIR No.197 dated 23.11.2023 under Sections 363, 366-A and 376 of IPC and Sections 3, 4 of POCSO Act, 2012 registered at Police Station Jhunir, District Mansa (Annexure P-1).
2.

Facts of the case are that complainant 'GS' gave his statement that he is father of two sons and two daughters. Victim 'AK' is the daughter of his elder daughter Bhinder Kaur who is about 16 years 8 months old. She was living with him since her childhood. She did her 10th from Government High School, Bhamme. On the intervening night of 20/21.11.2023, she left the house without telling anybody. He tried to search his granddaughter and

#
in that course he came to know that she has been enticed away by one Lovepreet Singh @ Billa. With these allegations, present FIR has been registered.
During investigation, victim was produced before the police by her grandfather on 19.01.2024. Her statement was recorded under Section 164 Cr.P.C. (Annexure R-1/T) before the learned Magistrate and she was also medically examined. Investigation was completed and the challan was presented in the Court.

3.

Learned counsel for the petitioner argued that allegations levelled against him are false. He was arrested on 19.01.2024 and since then he is behind the bars. Challan in this case has been presented and the case is fixed for prosecution evidence. Statement of victim has been recorded as PW1 (Annexure P-6), statement of grandfather of the victim recorded as PW2 (Annexure P-7) and the statement of mother of the victim recorded as PW3 (Annexure P-8). He is behind the bars for the last more than 1 1⁄2 years. He is ready to abide by the terms of bail order. Therefore, his regular bail petition may be allowed.

4.

Learned counsel representing State opposed the regular bail petition on the ground of gravity of offence. It is confirmed in the status report that challan was presented on 02.03.2024 and the charges were famed on 10.04.2024. Out of 16 prosecution witnesses, 7 witnesses have been examined. There are specific serious allegations against the petitioner. Therefore, he is not entitled to be released on regular bail.


5.

I have considered the arguments and have gone through the record carefully. At the time of recording of statement of the victim under Section 164 Cr.P.C. she was approximately 17 years old, thus minor. In her statement recorded before learned JMIC, Sardulgarh she did not level allegations against the petitioner rather she proclaimed that on attaining the age of majority she will perform marriage with him. At present, statement of the victim has been recorded as PW1 (Annexure P-6) where she deposed that accused had taken her away on the pretext of marriage and committed rape by threatening her. Statements of complainant as well as mother of the victim are also annexed as Annexure P-7 and Annexure P-8. Therefore, material witnesses have been examined. In case, petitioner is released on bail, he cannot influence the said witness. Facts of the case and the evidence on record will be appreciated by the trial Court at appropriate stage. 6%%0


(% 8
6
% (
/4
'  0
:6/
;;  8

6
;% 
6
 0
%8/4%
14
'
4(
17
6
' %

44:(
 (
6
 %(%(

1
%4 (

14

6
 

%4
/%</7
/(80
 % (

=
 ( 8
; 44 /
''4 50

 70
 (
( ' (

%( 847

:44

















3)  
5 3)  
5 3)  
5 3)  
5



































































  




  




  




  





 !" #!#$
 !" #!#$
 !" #!#$
 !" #!#$

(
>66%
'9 8<%  (

 <
>66%
%'%14

 <