High Court of Punjab and HaryanaCRM-M/44305/2016allowed

Balbir Singh v. State Of Punjab

2016-12-20Mr Justice Rajiv Sharma2 pages

Crl. Misc. No. M-44305 of 2016 -1In the High Court of Punjab and Haryana at Chandigarh CRM-39438-2015 IN/AND Crl. Misc. No. M-44305 of 2016 Date of Decision: 20.12.2016 Balbir Singh ......Petitioner

Versus

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

Present:

Mr. Deepak Aggarwal, Advocate for the petitioner.

Mr. V.P.S.Sidhu, AAG, Punjab.

**** ANITA CHAUDHRY, J(ORAL) CRM-39438-2015 This is an application for adding Sections 3 and 4 of SC/ST Act in the main petition.

Application is allowed for the reasons stated therein. Registry is directed to make necessary amendments in the petition.

CRM-M-44305 of 2016 The petitioner is seeking regular bail in FIR No. 38 dated 21.2.2016 registered at Police Station Nathana, District Bathinda under Sections 376(D), 342, 34 IPC and Section 3 and 4 of SC/ST Act. Petitioner is in custody since 25.3.2016. The incident is dated 30.12.2015. The FIR was registered in February 2016. The record reveals that the prosecutrix and her sister were missing and a Habeas Corpus petition was filed and the complainant had Gurpreet Singh Bhatia 2016.12.21 10:25 I attest to the accuracy and authenticity of this document High Court Chandigarh

Crl. Misc. No. M-44305 of 2016 -2appeared and had denied that she had been kidnapped and had stated that she had gone on her own. No allegations were made then that she had been raped. The facts are disputed. The trial will take time. The DNA report has not been received.

Without commenting anything on the merits of the case and considering the fact that the trial will take time to conclude, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing local surety and adequate bonds to the satisfaction of the trial Court/Duty Magistrate with the rider that the petitioner would not contact the victim or her family and will not tamper with evidence. (ANITA CHAUDHRY) JUDGE December 20, 2016 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2016.12.21 10:25 I attest to the accuracy and authenticity of this document High Court Chandigarh