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(2020) Law Today Live Doc. Id. 15529 = 2020 L.A.R. (e-Suppl.) 1501
Decided on: 27.10.2020
(Through Video Conferencing)
Present:
Mr. Rajesh Gupta, Advocate, for the petitioner.
Ms. Tanushree Gupta, Deputy Advocate General, Haryana.
Indian Penal Code, 1860 (45 of 1860), Sections 363, 366-A -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Sections 6, 12 -- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3 – Code of Criminal Procedure, 1973 (2 of 1974), Section 164, 438 -- POCSO case -- Regular bail -- Prosecutrix has refused to go through the medical examination -- In her statement u/s 164 Cr.P.C. she denied of any allegation of physical relation -- Petition for regular bail allowed.
(Para 1-3)
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NIRMALJIT KAUR, J. (ORAL) –
1. The present petition is filed under Section 439 Cr.P.C. seeking grant of regular bail in FIR No.276 dated 29.6.2019 registered under Sections 363, 366-A of Indian Penal Code and Sections 6, 12 of Protection of Children from Sexual Offences Act, 2012 and Section 3 of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Baldev Nagar, District Ambala.
2. It is not disputed that the prosecutrix has refused to go through the medical examination. Her statement was recorded under Section 164 Cr.P.C. In her statement under Section 164 Cr.P.C. she denied of any allegation of physical relation. This is the regular bail.
3. In view of the facts and circumstances of the case, the present petition is allowed and the petitioner is released on bail on his furnishing bail/surety bonds to the satisfaction of the concerned Chief Judicial Magistrate/Duty Magistrate.
Petition allowed.
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