Kaki @ Didar Masih v. State Of Punjab

 
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60,000/- as loan from the co-accused on 27.03.2022. Due to not returning of the said loan amount, the co-accused had filed a complaint against them under Section 138 of Negotiable Instruments Act, 1881 in the year 2022 and the present case was a counter blast to the same. The petitioner is brother-inlaw of the co-accused. The houses of the complainant and petitioner are in a thickly populated area, wherein as many as 250-300, others houses are existing and it cannot be assumed that any attempt to commit rape upon the daughter of the complainant could be made in such area. The petitioner is in custody for a period of more than one year. Trial is likely to take time. No useful purpose would be served by keeping him in custody. Hence the petition deserves to be allowed.

4.

Per contra, learned State counsel has argued that there are serious allegations against the petitioner and therefore, he does not deserve to be given concession of bail.

5.

I have heard leaned counsel for the parties and have gone through record.

 6.

As per the allegations, the petitioner alongwith the co-accused Swarna Rani who is his sister-in-law (bhabhi) had trespassed in the house of complainant wherein he made an attempt to commit rape upon her daughter. The investigation has since been completed. Challan has been presented. Charges have been framed. Trial is likely to take time. The petitioner has placed on record copies of some compromise stated to have been arrived at between the complainant and himself as well as an affidavit shown to be sworn by the mother of the victim in this point. Though, no consideration can be given to these documents at this stage. However, still keeping in view the nature of the allegations that have been levelled against the petitioner, the period spent by him in custody, on the ground of parity and the entire facts of the circumstances, in my opinion, the petitioner deserves to be extended benefit of bail at this stage.

7.

Hence, the petition is allowed and      &    & !     

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