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High Court of Punjab and HaryanaCRM-M/41046/2018allowed

Vinod Kumar v. State Of Punjab

2018-09-21Mr. Justice Rajesh Bhardwaj2 pages

Crl. Misc. No. M-41046 of 2018 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-41046 of 2018 Date of Decision: 21.9.2018 Vinod Kumar ......Petitioner

Versus

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

Present:

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

Mr. Jagmohan Ghumman, DAG, Punjab.

**** ANITA CHAUDHRY, J The petitioner is seeking regular bail in FIR No. 20 dated 28.2.2016 registered at Police Station Bahawala, Tehsil Abohar, District Fazilka, under Sections 363, 366-A IPC (Challan presented under Section 363, 366-A, 376 IPC and Section 4 of POCSO Act). Counsel for the petitioner contends that petitioner is in custody since July 2017 and investigation is over and challan has been presented and the statement of the victim has been recorded. The counsel further submits that the FIR was lodged by the father and the girl on recovery had made a statement in his favour and at the trial she did not support the prosecution story.

The victim has not supported the prosecution in the statement recorded under Section 164 Cr.P.C. or in the statement made before the Court. The petitioner is in custody for over a year. The trial is taking time. Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his GURPREET SINGH 2018.09.21 17:33 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-41046 of 2018 -2furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(ANITA CHAUDHRY) JUDGE September 21, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No GURPREET SINGH 2018.09.21 17:33 I attest to the accuracy and authenticity of this document chandigarh