Rakesh Kumar alias Neetu vs State of Punjab

The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.378 dated 11.12.2017, under

Sections 363, 364, 365, 366-A, 376, 506, 120-B, 342, 347, 195-A, 34 of Indian Penal Code and Sections 3 and 4 of the POCSO Act, registered at

Police Station Sultanpur Lodhi, District Kapurthala.

Learned counsel for the petitioner contends that the petitioner herein was taken into custody in the aforesaid FIR on 14.05.2018. It is submitted that

the petitioner has been falsely implicated in the present case. It is also contended that the co-accused Rajiv Dhir has been allowed bail by this Court

and that 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 and complainant, 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 co-accused Rajiv Dhir has been granted bail by this Court.

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 since 14.05.2018 and a reading of

the FIR reflects no such overt action against the petitioner and the main accused named in the FIR has been allowed bail by this Court, 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.