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High Court of Punjab and HaryanaCRM-M/29696/2019allowed

Med Singh And ORS v. State Of Punjab

2019-09-30Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-29696-2019 (O&M) Date of Decision:-30.9.2019 Med Singh and others ... Petitioners

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Manjeet Singh, Advocate for the petitioners. Ms. Rashmi Attri, Assistant Advocate General, Punjab, assisted by ASI Jagtar Singh.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioners have approached this Court seeking grant of anticipatory bail in respect of a case registered vide FIR No.30 dated 9.4.2019 at Police Station City Rampura, District Bathinda under Sections 376 and 506 of Indian Penal Code, 1860.

2.

The FIR was lodged at the instance of Pooja, wherein she has levelled allegations against the main accused Kismat to the effect that he had committed rape upon her and that after the rape had been committed, the present petitioners met the complainant and they had dropped the complainant at her parental village.

3.

The learned counsel for the petitioners has submitted that the FIR came to be lodged under some misunderstanding and that infact the main accused Pankaj Kakkar 2019.09.30 17:54 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-29696-2019 (O&M) Kismat had been tried by the Court and stands acquitted as the prosecutrix did not support the case of the prosecution at all either against said Kismat or against the present petitioners.

4.

The aforesaid position is not disputed by the learned State counsel. 5.

In view of the aforestated position, where the main accused already stands acquitted for the reason that the complainant did not support the case of the prosecution at all, the petition is accepted and the interim directions issued by this Court vide order dated 16.7.2019 are hereby made absolute subject to the condition that the petitioners shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C. 30.9.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2019.09.30 17:54 I attest to the accuracy and integrity of this document