High CourtsSingle Bench

Charanjit Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 15 October 2018 · Citation: (2018) 10 P&H CK 0135

HON’BLE JUDGES
Anita Chaudhry, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 376, 506 · Protection of Children from Sexual Offences Act, 2012 — Section 4, 5 · Code of Criminal Procedure, 1973 — Section 164
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous (M) No. 44750 of 2018 (O&M)
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Judgment

12 paragraphs · 242 words

The petitioner is seeking regular bail in FIR No. 216 dated 01.06.2018, registered under Sections 376, 506 IPC and Sections 4 & 5 of the POCSO Act

, Police Station City Barnala, District Barnala.

Counsel for the petitioner contends that the petitioner is in custody since 08.06.2018 and he was not named in the FIR by the prosecutrix nor in the

statement under Section 164 Cr.P.C. recorded on 01.06.2018 but a week later she gave a clean chit to the two persons who were named by her

initially and she named only the petitioner and the place of occurrence and date of occurrence had also been changed.

The investigation is over, challan has been presented. It is a case where the victim had named two persons Mani and Gaurav. A week later she has

given a clean chit to them and had named Charanjit (petitioner).

The petitioner was known to the family who is a friend of her father. The prosecution will have to prove how the mistake with respect to the identity

of the persons had crept in.

The trial will take long time to conclude. Without commenting upon the merits of the case, the petition is allowed and the petitioner is directed to be

released on regular bail on execution of adequate personal and surety bonds to the satisfaction of trial Court/Duty Magistrate with the condition that

the petitioner would not contact the victim or her family in any manner.