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(2020) Law Today Live Doc. Id. 15061 = 2020 L.A.R. (e-Suppl.) 210
Decided on: 19.06.2020
Present:
Mr. Satbir Singh Gill, Advocate For the petitioner.
Mr. Vikrant Pamboo, DAG, Haryana.
Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Sections 354, 354-A, 451, 506 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 8 – Sexual assault to child – Regular bail -- Petitioner is in custody since 07.12.2019 -- Investigation is over and commencement of trial is still awaited -- In the current pandemic scenario, the trial of the case is not likely either to start or get over soon -- Petitioner is admitted to bail.
(Para 1, 4,5)
JUDGMENT
ARUN MONGA, J. (ORAL) –
1. The petitioner is seeking regular bail in FIR No. 74 dated 05.12.2019, registered under Sections 354, 354-A, 451 and 506 of Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012, Police Station Women, Dabwali, District Sirsa.
2. As per allegations in the FIR on 02.12.2019 the petitioner allegedly held the hand of the prosecutrix and kissed her. On her refusal to accept his proposal for friendship, he criminally intimidated her.
3. Learned counsel for the petitioner submits that there was inordinate and unexplained delay in lodging the FIR and incident was shown to be occurred in broad day light, which makes the prosecution story unbelievable. According to him, the petitioner is in custody since 07.12.2019 and investigation is over, challan has been filed and charges have framed, but the trial is yet to commence and is not likely to conclude soon.
3. On the other hand, learned State counsel opposes the bail plea. On a query of Court, he submits that investigation is over, challan has been filed but trial is yet to commence.
4. The petitioner is in custody since 07.12.2019. The investigation is over and commencement of trial is still awaited. In the current pandemic scenario, the trial of the case is not likely either to start or get over soon.
5. Taking wholesome view of the matter, the petitioner is admitted to bail on his furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Dabwali, as the case may be.
6. Petition stands allowed accordingly.
Petition allowed.
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