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(2020) Law Today Live Doc. Id. 15447 = 2020 L.A.R. (e-Suppl.) 1249
Decided on: 05.10.2020
Present:
Mr. Bhupinder Kumar Gupta, Advocate, for the petitioner.
Mr. Gaurav Garg Dhuriwala, Senior DAG, Punjab.
Indian Penal Code, 1860 (45 of 1860), Sections 34, 363, 366, 376 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Sections 3 and 4 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Rape and kidnapping of girl-child – Regular bail -- Petitioner was not initially named as an accused in the FIR -- Implicated only upon the disclosure statement of the named accused – Case of the complainant was that her daughter had been enticed away by the named accused on the pretext of marriage -- Complainant did not name the petitioner as being involved -- Victim girl did not even mention the petitioner's name in her statement made before the police -- Named accused has already secured bail in this case -- Challan has already been filed -- No specific overt acts have been attributed to the petitioner -- Petition allowed, direction given to release the petitioner on regular bail.
(Para 2-4)
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SANJAY KUMAR, J. –
1. The petitioner seeks regular bail in relation to FIR No. 192 dated 06.09.2019 on the file of Police Station City South, District Moga, registered under Sections 363, 366 and 34 IPC (Section 376 IPC and Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012, added later on).
2. The petitioner was not initially named as an accused in the FIR. He seems to have been implicated only upon the disclosure statement of the named accused. The case of the complainant was that her daughter had been enticed away by the named accused on the pretext of marriage. The complainant also did not name the petitioner as being involved. Further, the victim girl did not even mention the petitioner's name in her statement made before the police. This Court is informed that the named accused has already secured bail in this case. That apart, the challan has already been filed and there is no possibility of the petitioner tampering with the investigation. Perusal of the challan reflects that no specific overt acts have been attributed to the petitioner.
3. Given the aforestated facts, it is for the trial Court to determine the guilt, if any, of the petitioner after a full fledged trial. As matters stand, he would be entitled to relief, subject to conditions.
4. The petition is accordingly allowed directing the release of the petitioner on regular bail in FIR No. 192 dated 06.09.2019 on the file of Police Station City South, District Moga, upon his furnishing a personal bond for a sum of Rs.20,000/- along with two sureties for a like sum each to the satisfaction of the Illaqa/Duty Magistrate concerned. Further, the petitioner shall not offer any inducement, threat or promise to any person connected with the case.
Petition allowed.
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