Punjab-Haryana High Court
Vishvajit vs State Of Punjab on 1 September, 2021
Author: Jaishree Thakur
Bench: Jaishree Thakur
CRM-M No.1004 of 2021 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
CRM-M No.1004 of 2021 (O&M)
Date of Decision:01.09.2021
(Heard through VC)
Vishvajit ...Petitioner
Versus
State of Punjab ...Respondent
CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:- Mr. Ramandeep Singh Gill, Advocate
for the petitioner.
Ms. Rashmi Attri, AAG, Punjab.
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JAISHREE THAKUR, J. (ORAL)
This is the petition that has been filed for grant of regular bail to the petitioner in FIR No.127 dated 22.09.2020 registered under Section 363, 376, 366A, 336, 452, 506, 343, 148, 149 120-B IPC, Sections 25, 27 & 54 of the Arms Act and Section 6 of the POCSO Act at Police Station Dorangla, District Gurdaspur.
Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the said FIR. It is argued that no specific role has been attributed to the petitioner and allegations are general in nature. It is also argued that the material witnesses have been examined and the prosecutrix has not supported the version of the prosecution. In fact she has turned hostile. It is further argued that co-accused have already been granted concession of regular bail by this Court vide order dated 09.08.2021 titled as Ritik Vs. State of Punjab passed in CRM-M No.11938 of 2021 and vide 1 of 2 ::: Downloaded on - 02-09-2021 23:42:46 ::: CRM-M No.1004 of 2021 (O&M) -2- order dated 26.08.2021 passed in CRM-M No.11000 of 2021 titled as Harpreet Singh Vs. State of Punjab. The trial is likely to take some time to conclude and therefore, prays for grant of regular bail to the petitioner.
Learned counsel for the respondent-State, on instructions from the Investigating Officer opposes grant of regular bail to the petitioner while pointing to the seriousness of allegations levelled against him, however, she does not dispute the fact that the prosecutrix has not supported the version of the prosecution.
I have heard learned counel for the parties and have also perused the paper book. Keeping in view the fact that the material witness i.e. the prosecutrix has been examined, who did not support the prosecution version and the co-accused have already been allowed regular bail by this Court and the fact that the trial is likely to take some time to conclude, no useful purpose would be served in keeping the petiitoner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on his execution of personal/surety bonds to the satisfaction of concerned trial court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.
(JAISHREE THAKUR)
September 01, 2021 JUDGE
P.Bhatt
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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