High CourtsSingle Bench

Vinod Kumar vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 21 September 2018 · Citation: (2018) 09 P&H CK 0165

HON’BLE JUDGES
Anita Chaudhry, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 363, 366A, 376 · Protection of Children from Sexual Offences Act, 2012 — Section 4
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous -M- No. 41046 of 2018
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Judgment

9 paragraphs · 179 words

The petitioner is seeking regular bail in FIR No. 20 dated 28.2.2016 registered at Police Station Bahawala, Tehsil Abohar, District Fazilka, under

Sections 363, 366-A IPC (Challan presented under Section 363, 366-A, 376 IPC and Section 4 of POCSO Act).

Counsel for the petitioner contends that petitioner is in custody since July 2017 and investigation is over and challan has been presented and the

statement of the victim has been recorded. The counsel further submits that the FIR was lodged by the father and the girl on recovery had made a

statement in his favour and at the trial she did not support the prosecution story.

The victim has not supported the prosecution in the statement recorded under Section 164 Cr.P.C. or in the statement made before the Court. The

petitioner is in custody for over a year. The trial is taking time.

Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing

bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.