Gurdeep Ram @ Shamma vs State of Punjab

Ram Chand Gupta, J.—The present petition has been filed by Gurdeep Ram @Shamma for regular bail u/s 439 of Code of Criminal Procedure in FIR No. 144 dated 19.07.2009 registered under Sections 363/366 and 376 (added lateron) IPC at P.S. Nakodar, District Jalandhar.

I have heard learned Counsel for the parties and have gone through the whole record.

Briefly stated, complainant - prosecutrix was a girl of 17 years of age. On 16.07.2009 she had gone to cattle shed and did not return. Suspicion was raised upon petitioner - accused that he had kidnapped the girl and hence, FIR under Sections 363/366 IPC was registered against him. Lateron the girl was recovered from the custody of the accused on 19.07.2009. As per the statement of girl, the petitioner -accused had taken her away on motorcycle and kept her in a room and committed rape upon her.

It is argued by learned Counsel for the petitioner that prosecutrix was major and that there was no proof that she was minor. It is further contended that girl had an affair with a boy, namely, Pappu with whom she eloped and that however, the present petitioner has been falsely implicated in this case.

Bail application has been vehemently opposed by learned Counsel for the State on the plea that allegation against the petitioner is very serious in nature. It is argued, on instruction from ASI. Tirath Singh, that pros ecutrix has already been examined and that she has supported the prosecution version. It is further contended that next date fixed in this case is 16.03.2010 and that trial can be expedited as only two witnesses remain to be examined. It is further contended that the deposition of prosecutrix has also found corroboration from medical evidence and report of chemical examiner.

Hence, keeping in view these facts and without expressing anything on the merit of the case, I am of the view that it is not a fit case in which concession of bail should be granted to the accused. There is no merit in the instant application for bail filed by Gurdeep Ram @Shamma and hence, the same is, hereby, dismissed.

However, since the petitioner has been continuing in custody since 19.07.2009, learned trial Court is directed to expedite the trial and make efforts to conclude the trial within three months.