High Court of Punjab and HaryanaCRM-M/42571/2016allowed

Ramvir Singh v. State Of Punjab

2016-12-05Mrs. Justice Raj Rahul Garg2 pages

CRM-M-42571-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-42571-2016 (O&M) Date of Decision:- 05.12.2016 Ramvir Singh ....Petitioner

Versus

State of Punjab ....Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Ajay Pal Singh, Advocate, for the petitioner.

Ms. Manpreet Dhaliwal, AAG, Punjab.

**** RITU BAHRI, J. (Oral) Present petition is for release of petitioner on regular bail in FIR No.351 dated 09.12.2015, under Sections 363, 366-A, 376(2)(n) and 120-B IPC and Sections 5/4/6/16 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station City Sangrur, District Sangrur.

Learned counsel for the petitioner submits that as per allegations in the FIR, the petitioner is grandson of parental aunt of the complainant and on 26.09.2015 he had met the daughter of complainant, namely, Meena and allured her. During investigation, the challan was presented against present petitioner as well as one Mukesh son of Babu Lal. Moreover, the petitioner was on duty on 25.09.2015 and he could not come Naresh Kumar 2016.12.08 15:38 I attest to the accuracy and integrity of this document Chandigarh to Dhuri from Sri Nagar on 26.09.2015.

CRM-M-42571-2016 (O&M) -2Learned State counsel on instructions from investigating officer has informed that all the prosecution witnesses have since been examined. I have heard the learned counsel for the parties and with their able assistance gone through the material available on record. The petitioner was arrested on 03.04.2016. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. Moreover, the presence of the petitioner on the relevant date, would be the moot point to be decided during the course of trial, after acceptance of the evidence, by the trial Court. In view of above facts, the present petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of learned trial Judge/Duty Magistrate, Sangrur.

Needless to mention that, nothing observed here-in-above, would reflect, on merits in the trial of the main case, in any manner. December 05, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.12.08 15:38 I attest to the accuracy and integrity of this document Chandigarh