Jaswinder Singh v. State Of Punjab

CRM-M No.24089 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.24089 of 2021 (O&M) Date of Decision:05.07.2021 (Heard through VC) Jaswinder Singh

...Petitioner

Versus

State of Punjab

...Respondent

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

Mr. Saurav Khurana, DAG, Punjab.

**** JAISHREE THAKUR, J.

(ORAL) This is a petition that has been filed for grant of regular bail to the petitioners in FIR No.28 dated 05.02.2020 registered under Sections 354, 354-A, 120-B IPC and Section 8 of Protection of Children from Sexual Offences Act, 2012 at Police Station City Ropar, District Rupnagar, Punjab. Learned counsel for the petitioner herein would contend that the petitioner has been implicated falsely in the said FIR. The contents of the FIR are vague in the absence of disclosing time, place or date of making of nude video of the prosecutrix. It is also argued that main allegations are against the teacher Ms. Supriya for making of nude video and uploading the same on the whatsapp group of which the petitioner herein is allegedly a member.

It is also submitted that in the MLR, the prosecutrix has given a history of alleged molestation about three year ago at the hands of Jatinder Singh, Jaspreet Singh Bains and Manjinder Singh whereas the petitioner has not been named as one of the person, who had done any wrong act. It is PANKAJ KUMAR 2021.07.

CRM-M No.24089 of 2021 (O&M) -2also submitted that the main accused is on interim bail granted by the High Court in CRM-M No.7643 of 2020 vide order dated 20.02.2020. The investigation stands investigated and the challan stands presented, therefore, custody of the petitioner is no longer required. Learned counsel for the respondent-State opposes grant of bail to the petitioner by contending that the allegations levelled against him are serious in nature, however, he does not dispute the fact that the investigation has been completed and the challan stands presented. I have heard learned counsel for the parties.

Keeping in view the fact that the investigation has been completed and the challan stands presented and the trial is likely to take some time to conclude owing to present COVID-19 pandemic situation, no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case. (JAISHREE THAKUR) July 05, 2021 JUDGE Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2021.07.