High Court of Punjab and HaryanaCRM-M/45137/2019dismissed

Sarabjit Kaur v. State Of Punjab

2020-02-25Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-45137-2019 Decided on : 25.02.2020 Sarabjit Kaur . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. I.S. Dhaliwal, Advocate for the petitioner(s).

Ms. Bhavna Gupta, DAG, Punjab assisted by SI Vikramjeet.

**** MANJARI NEHRU KAUL, J. (Oral) The instant petition has been filed under Section 438 Cr.P.C., for grant of anticipatory bail, in case FIR No.88, dated 29.08.2019, under Sections 376, 506, 120-B IPC and Sections 3 & 4 of the POCSO Act, 2012, registered at Police Station Hathur, District Ludhiana. It has been inter alia contended that the petitioner has been falsely implicated in the instant case, as it could not be believed that the petitioner would have turned a blind eye to the alleged sexual assault committed by her husband Raj Singh on the complainant. Learned State counsel on the other hand has vehemently opposed the grant of concession of anticipatory bail to the petitioner and submitted that there are serious allegations against the petitioner, who is none other than the aunt of the victim.

It was with her connivance that the victim was raped by her husband as well as one Amandeep Singh in her house, where the victim had been staying. It was further urged that when the victim tried to resist the rape, she was threatened by the petitioner and asked not to reveal it to anyone.

JAWALA RAM 2020.03.05 12:59 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-45137-2019 - 2 - Heard.

In view of serious allegations levelled by the victim against the petitioner, which also have been reiterated by the victim in her statement recorded under Section 164 Cr.P.C. before the Court below, no ground for grant of anticipatory bail is made out.

Dismissed.

(MANJARI NEHRU KAUL) JUDGE February 25, 2020 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2020.03.05 12:59 I attest to the accuracy and authenticity of this document Chandigarh