High Court of Punjab and HaryanaCRM-M/24233/2021dismissed

Salinder Singh Alias Gagan Gaggu v. State Of Punjab

2021-07-30Ms. Justice Jaishree Thakur2 pages

PANKAJ KUMAR 2021.08.02 17:05 I am the author of this document CRM-M No.24233 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.24233 of 2021 (O&M) Date of Decision:30.07.2021 (Heard through VC) Salinder Singh @ Gagan Gaggu

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. Jitender Singh Dadwal, Advocate for the petitioner.

Ms. Rashmi Attri, AAG, Punjab.

Mr. Sukhmeet Singh, Advocate for the complainant.

**** JAISHREE THAKUR, J.

(ORAL) Reply filed on behalf of the respondent-State is taken on record.

This is a petition that has been filed for grant of anticipatory bail to the petitioner in FIR No.50 dated 07.05.2021 registered under Section 376 IPC (Section 376-D IPC) at Police Station Meharban, District Ludhiana.

Counsel for the petitioner would submit that the petitioner herein has been falsely implicated in the said FIR, while contending that whatsapp messages and photographs would indicate that parties were well known to each other. It is also argued that the medical report available does not indicate that an offence under Section 376 IPC had been committee upon daughter of the complainant.

CRM-M No.24233 of 2021 (O&M) -2Learned counsel appearing on behalf of the respondent-State and the complainant would submit that the allegations in the FIR pertain to gang rape upon the victim and in the statement given under Section 164 Cr.P.C., she has supported the allegation as set out in the FIR. Faced with this situation, counsel for the petitioner seeks to withdraw the instant petition and would submit that the petitioner herein shall surrender before the trial Court and move an appropriate application for grant of regular bail and thus, prays that the application so moved by the petitioner may be heard expeditiously by the trial Court.

Keeping in view the statement made by the counsel for the petitioner, the instant petition is dismissed as withdrawn with the observation that in case the petitioner herein surrenders before the trial Court within a period of 10 days and moves an application for grant of regular bail on his behalf, the same shall be decided expeditiously and preferably within a period of two weeks thereafter.