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(2020) Law Today Live Doc. Id. 15112 = 2020 L.A.R. (e-Suppl.) 332
Decided on: 10.07.2020
Present:
Mr. Inderjit Sharma, Advocate for the petitioner
Mr. M.S. Daulat, Addl. A.G Punjab
Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Section 363, 366, 34 – Kidnapping/ Abduction of girl -- Regular bail -- Keeping in view the fact that the trial is likely to take some time to conclude and the fact that the prosecutrix has given statement that she has gone on its own with the accused, petitioner is ordered to be released on bail during pendency of the trial.
(Para 6)
JUDGMENT
RITU BAHRI, J. (ORAL) –
1. Prayer in this petition is for grant of regular bail to the petitioner, in a case arising out of FIR No.118 dated 13.07.2019, registered at Police Station Kotwali, District Bathinda, who has been booked for having committed the offence punishable under Section 363/366/34 IPC.
2. The allegations against the petitioner is that he has abducted the girl. Learned counsel for the petitioner submits that the petitioner and the prosecutrix were known to each other. Further the co-accused who has been attributed the same role has already been granted bail.
3. Learned State counsel on instructions has informed that the statement of the prosecutrix has been recorded and she has stated that she was not forced by anyone and she left the house by her own. The challan was presented on 16.09.2019 and out of 15 witnesses, 01 witness has been examined.
4. Heard.
5. Petitioner is in custody since 18.07.2019.
6. Keeping in view the fact that the trial is likely to take some time to conclude and the fact that the prosecutrix has given statement that she has gone on its own with the accused, the present petition is allowed. Petitioner is ordered to be released on bail during pendency of the trial of the present case, subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Bathinda.
Petition allowed.
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