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(2020) Law Today Live Doc. Id. 15323 = 2020 L.A.R. (e-Suppl.) 960
Decided on: 20.08.2020
Present:
Mr. K.L. Saini, Advocate for the petitioner.
Mr. Saurabh Mohunta, DAG, Haryana.
Mr. Som Nath Saini, Advocate for the complainant.
Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 8 -- Indian Penal Code, 1860 (45 of 1860), Sections 354, 452 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – POCSO matter – Compromise between the parties – Regular bail -- Allegations that while victim’s parents were away, the accused/petitioner gained forcibly entry into her room and scuffled with her -- It is only when the victim called out to her sister that the accused ran away -- Petitioner was arrested on 29.05.2020 – Investigation in the case is complete and the challan already stands presented -- It is not a case of sexual assault – Compromise has since been effected with the intervention of the village elders – Petitioner is held entitled to the benefit of bail.
(Para 7-13)
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TEJINDER SINGH DHINDSA J. (ORAL) --
CRM-20123-2020
1. This case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.
2. Application is allowed as prayed for.
3. Document i.e. copy of compromise dated 07.08.2020 is taken on record as (Annexure P-2).
4. Application disposed of.
Main case
5. Petitioner seeks benefit of regular bail pending trial in FIR No.113 dated 27.05.2020 registered under Sections 354, 452 IPC and Section 8 of POCSO Act at Police Station Garhi, District Jind.
6. Counsel for the parties have been heard.
7. FIR came to be registered on the statement of victim Jyoti. Allegations are that on 27.05.2020 while her parents were away, the accused/petitioner gained forcibly entry into her room and scuffled with her. It is only when the victim called out to her sister that the accused ran away.
8. Petitioner was arrested on 29.05.2020.
9. Investigation in the case is complete and the challan already stands presented.
10. It is not a case of sexual assault.
11. That apart counsel for the petitioner while placing reliance upon Annexure P-2 submits that a compromise has since been effected with the intervention of the village elders.
12. Mr. Som Nath Saini, Advocate who has entered appearance on behalf of the complainant concedes to a settlement having been effecting and to ensure peace and harmony in the village.
13. Without making any observation on merits, petitioner is held entitled to the benefit of bail.
14. Petitioner be enlarged on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate, Jind.
15. Disposed of.
Petition allowed.
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