Manjot Singh vs State of Punjab

Rajan Gupta, J.

Crl. Misc. No. 8523 of 2012

This is an application for placing on record statement of the prosecutrix. Application is allowed as prayed for. Statement (PW-1) is taken on record as Annexure P-8 to the main petition.

Crl. Misc. No. M-32850 of 2011

Petitioner seeks concession of regular bail in a case registered against him u/s 376 IPC vide FIR No. 316 dated 12.09.2011 at police station City Sangrur.

Learned counsel for the petitioner has contended that from the statement of the prosecutrix as well as other record available particularly the photographs and the messages sent telephonically, it is clear that prosecutrix was a consenting party. According to him, offence u/s 376 IPC is not made out. According to him, petitioner is in custody since October 01, 2011. He is thus entitled to concession of bail.

Learned State counsel has opposed the prayer. He submits that allegations against the petitioner are serious.

Learned counsel for the complainant has also intervened and submitted that it is not a case of consensual sex and thus offence u/s 376 IPC is made out.

I have heard learned counsel for the parties.

It is evident that petitioner is in custody since October 01, 2011. Prosecutrix has already been stepped into the witness box as a prosecution witness and deposed. Trial of the case may still take some time to conclude. Thus without expressing any opinion on the merits of the case, I am of the considered view that no useful purpose would be served by detaining him in custody any longer. Accordingly, the petition is allowed and petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Sangrur.