Sandeep Kumar v. Union Territory Chandigarh

CRM-M No.43809 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.43809 of 2020 (O&M) Date of Decision.05.04.2021 (Heard through VC) Sandeep Kumar

...Petitioner

Vs Union Territory, Chandigarh

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Munish Puri, Advocate for the petitioner.

Mr. A.M. Punchhi, P.P. for U.T., Chandigarh.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for grant of regular bail to the petitioner in case FIR No.323 dated 19.10.2019 under Section 376(3) IPC and Section 6 of the POCSO Act registered at Police Station Central Sector, District Chandigarh.

Learned counsel for the petitioner inter alia would contend that in fact both the petitioner, who was young boy himself and the prosecutrix were in a consensual relationship as has been admitted by her. It is argued that the prosecutrix and the material witnesses have already been examined and therefore, the petitioner would hardly be in a position to influence the prosecutrix.

Learned counsel appearing on behalf of the respondent-State opposes grant of bail to the petitioner by contending that there was a DNA test conducted of the aborted fetus, which matches DNA of the petitioner herein and therefore, the petitioner would not be able to escape his liability of having committed an offence upon the prosecutrix. I have heard learned counsel for the parties and keeping in mind PANKAJ KUMAR 2021.04.06 16:17 I attest to the accuracy and integrity of this document

CRM-M No.43809 of 2020 (O&M) -2the fact that the material witnesses have already been examined and the petitioner is in custody since 05.12.2019 and the trial is likely to take some time conclude, the instant petition is allowed and the petitioner herein is directed to be released on bail on execution of adequate personal/surety bond to the satisfaction of concerned trial Court/Duty Magistrate. (JAISHREE THAKUR) JUDGE April 05, 2021 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2021.04.06 16:17 I attest to the accuracy and integrity of this document