High Court of Punjab and HaryanaCRM-M/28771/2018allowed

Ranbir Singh @ Bira v. State Of Punjab

2018-07-18Mr. Justice Rajesh Bhardwaj2 pages

Crl. Misc. No. M-28771 of 2018 (O&M) -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-28771 of 2018 (O&M) Date of Decision: 18.7.2018 Ranbir Singh alias Bira ......Petitioner

Versus

State of Punjab .....Respondent CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. J.S.Thakur, Advocate for the petitioner.

Mr. Ajay Pal Singh Gill, DAG, Punjab.

**** ANITA CHAUDHRY, J The petitioner is seeking regular bail in FIR No. 5 dated 31.1.2018 registered at Police Station Khem Karan, District Tarn Taran under Sections 363, 366-A, 120-B IPC.

At the outset counsel for the petitioner contends that inadvertently they had referred to the petitioner as Harbir Singh alias Bira whereas the correct name is Ranbir Singh alias Bira and necessary correction may be allowed.

This fact is not disputed by the State counsel. An application has been filed for modification of the title. The same is allowed.

Amended memo of parties is taken on record.

Counsel for the petitioner contends that the petitioner is in custody since 26.4.2018. He further states that the missing report was lodged on 30.1.2018 and the girl was recovered on 25.4.2018 and the girl in Gurpreet Singh Bhatia 2018.07.19 16:14 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-28771 of 2018 (O&M) -2her statement recorded under Section 164 Cr.P.C. did not make any allegation against the petitioner and she has refused her medical and refused to go with her parents and the investigation is over and challan has been presented.

There are no allegations of rape. The only allegation against the petitioner is that he had enticed a minor. The victim had made a statement that she was not kidnapped and had gone on her own. She is presently in the Nari Niketan.

Without commenting anything on the merits of the case and considering the fact that the trial will take time to conclude, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate on the condition that he would not contact the victim till the trial is over. (ANITA CHAUDHRY) JUDGE July 18, 2018 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Gurpreet Singh Bhatia 2018.07.19 16:14 I attest to the accuracy and authenticity of this document chandigarh