Nirmal Singh v. State Of Punjab

CRM-M No.43128 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.43128 of 2020 (O&M) Date of Decision:08.07.2021 (Heard through VC) Nirmal Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Ms. Riffi Birla, Advocate for the petitioner.

Ms. Rashmi Attri, AAG, Punjab.

**** JAISHREE THAKUR, J.

(ORAL) CRM No.14160 of 2021 Application is allowed.

Annexure P-4 i.e. statement of the complainant (PW6) is taken on record.

CRM-M No.43128 of 2020 This is a petition that has been filed for grant of regular bail to the petitioner in FIR No.32 dated 23.03.2019 registered under Sections 376D, 506 IPC and Section 6 of the POCSO Act, 2012 at Police Station Makhu, District Ferozepur.

Learned counsel for the petitioner herein would contend that the petitioner has been implicated falsely in the said FIR. In fact, the petitioner is stated to be maternal grandfather of the prosecutrix, who is 67 years of age. The statement of the prosecutrix has been recorded wherein she has turned hostile, as she did not support the prosecution version. It is PANKAJ KUMAR 2021.07.09 13:35 I attest to the accuracy and integrity of this document

CRM-M No.43128 of 2020 (O&M) -2further contended that on account of material witness having been examined, there is little likelihood of him exercising any influence in that regard. The investigation has been completed and the challan stands presented, therefore, custody of the petitioner would no longer be required. Learned counsel for the respondent-State opposes grant of bail to the petitioner by contending that the allegations levelled against him are serious in nature, however, she does not dispute the fact that statement of the prosecutrix has been recorded (which is available on record). I have heard learned counsel for the parties.

Keeping in view the fact that statement of the prosecutrix has been recorded wherein she did not support the prosecution version and the fact that the trial is likely to take some time to conclude owing to present COVID-19 pandemic situation, no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) July 08, 2021 JUDGE Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2021.07.09 13:35 I attest to the accuracy and integrity of this document