High Court of Punjab and HaryanaCRM-M/31709/2017disposed of

Tinku Paswan v. State Of Punjab

2017-09-05Mr. Justice Harsimran Singh Sethi2 pages

Crl. Misc. M-31709-2017 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. M-31709 of 2017 (O&M) Date of Decision: September 05, 2017 Tinku Paswan

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. Sunny K. Singla , Advocate for the petitioner.

Mr. M.S. Nagra, AAG Punjab.

******** JAISHREE THAKUR, J.

(Oral) The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.04 dated 04.01.2017, under Sections 363, 366-A, 120-B of Indian Penal Code and Sections 3, 4 of POCSO Act, registered at Police Station Focal Point, District Ludhiana City.

Learned counsel for the petitioner contends that the petitioner herein was taken into custody in the aforesaid FIR on 04.01.2017. It is submitted that petitioner is falsely implicated in the present case. It is also contended that petitioner herein is the brother of Shekhar Paswan, with whom the prosecutrix had solemnized the marriage on 25.12.2016. It is Jyoti 2017.09.07 10:53 I attest to the accuracy and authenticity of this document

Crl. Misc. M-31709-2017 -2argued that co accused Sita Ram Paswan, who is the brother-in-law (Jeeja) of Shekhar Paswan has already been granted regular bail by this court, therefore, petitioner is entitled to be enlarged on bail. Per contra, learned counsel appearing on behalf of respondentState, on instructions from the Investigating Officer, opposes the bail application, while submitting that the offences alleged against the petitioner are serious in nature, therefore, the petitioner is not entitled to grant of regular bail.

I have heard learned counsel for the parties. Since, the trial is likely to take some time and in view of the facts that no recovery is to be effected from the petitioner, he is not required for any further investigation and that co-accused Sita Ram Paswan, against whom similar type of allegations have been levelled, has already been granted regular bail, no useful purpose would be served in keeping the petitioner behind the custody. At this stage, without commenting on the merits of the case, the instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal bond and surety bond to the satisfaction of concerned trial Court/Duty Magistrate.

(JAISHREE THAKUR) September 05, 2017 JUDGE Jyoti-II Whether speaking/reasoned Yes/No Whether reportable Yes/No Jyoti 2017.09.07 10:53 I attest to the accuracy and authenticity of this document