Pinkle Saroj alias Diveash vs State of UT, Chandigarh

The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 176 dated 11.06.2018, under

Sections 10 of the POCSO Act and 354 of Indian Penal Code, registered at Police Station Industrial Area, Chandigarh.

Learned counsel for the petitioner contends that the petitioner herein was taken into custody in the aforesaid FIR . It is submitted that the petitioner

has been falsely implicated in the present case. It is also contended that statement of the prosecutrix has been recorded and the matter has been

compromised and conclusion of trial will take sufficient time, therefore, the petitioner is entitled to be enlarged on bail.

Per contra, learned counsel appearing on behalf of respondent-

State, on instructions from the Investigating Officer, oppose the grant of regular bail to the petitioner, while submitting that offences alleged against the

petitioner are serious in nature, however, she does not dispute the fact that the statement of the prosecutrix has been recorded and the matter has

been compromised.

I have heard learned counsel for the parties.

Since, the trial is likely to take some time and in view of the facts that that the petitioner herein has been in custody and that since the matter has been

compromised between the parties and the statement of the complainant has also been recorded, no useful purpose would be served in keeping the

petitioner behind bars. At this stage, without expressing any opinion on the merits of the case, the instant petition is allowed and the petitioner is

directed to be released on regular bail on execution of adequate personal bond and surety bond to the satisfaction of concerned trial Court/Duty

Magistrate.