Gopal v. State Of Punjab

CRM-M-30391-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-30391-2022

Reserved on: 17.08.2022

Pronounced on:26.09.2022 Gopal

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Harshit Jain, Advocate for the petitioner. Mr. Harsimar Singh Sitta, DAG, Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 13.06.2021 City Dhuri, 4, 6, 8, 10 of POCSO Act & District Sangrur 377 IPC 1.

The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.

2.

As per para 6 of the bail petition, the petitioner has no criminal antecedents. 3.

Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family. 4.

Ld. counsel representing the State opposes bail. REASONING:

5.

The petitioner allegedly penetrated his penis in the anus of a child aged 3 years and 10 months. The scientific evidence corroborates the allegations because of the matching of DNA. An analysis of the allegations and evidence collected does not warrant the grant of bail to the petitioner.

6.

In the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner fails to make a case for bail at this stage.

7. Any observation made hereinabove is neither an expression of opinion on the JYOTI 2022.09.27 14:40 I attest to the accuracy and integrity of this document

CRM-M-30391-2022 merits of the case nor shall the trial Court advert to these comments. Petition dismissed. All pending applications, if any, stand disposed. Trial be expedited.

(ANOOP CHITKARA) JUDGE 26.09.2022 Jyoti-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2022.09.27 14:40 I attest to the accuracy and integrity of this document