Munshid Alias Monu v. State Of Ut Chandigarh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CRM-M No.50741 of 2022 Date of Decision : 11.1.2023 Munshid alias Monu ..... Petitioner versus State of UT, Chandigarh ..... Respondent CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

Mr. Ravinder Malik, Advocate, for the petitioner Mr. Anupam Bansal, Addl. PP, UT, Chandigarh --- TRIBHUVAN DAHIYA J. (ORAL):

This is a petition under Section 439 Cr.P.C. seeking regular bail to the petitioner in case FIR No.89 dated 26.7.2022 under Sections 354, 354-A IPC and Section 10 of POCSO Act registered at Police Station Sector 11, Chandigarh.

Learned counsel for the petitioner contends that the alleged incident is of 18.10.2021, and the FIR in question was lodged about nine months later on 26.7.2022. He further submits that challan has already been presented on 23.9.2022. The petitioner is in custody since 26.7.2022. Learned State counsel states that the trial is going on and four out of eighteen witnesses have been examined. The material witnesses including the prosecutrix have been examined.

In view of the aforesaid and keeping in view the fact that the trial of the case will take a long time to conclude, this Court is of the view that the petitioner deserves to be released on bail.

Accordingly, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate. (TRIBHUVAN DAHIYA) JUDGE 11.1.2023 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHWANI KUMAR 2023.01.11 17:46 I attest to the accuracy and integrity of this document