Single judge order dismissing regular bail application under CrPC Sec. 439 in case involving alleged molestation and attempted rape of a minor in a clinic. Bail denied due to fear of tampering with minor witness without examining merits.
Bail application dismissed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M- 15193 of 2010(O&M) Date of Decision: July 13, 2010.
Harwinder Singh
...... PETITIONER(s)
Versus
State of Punjab
...... RESPONDENT(s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Sandeep S.Majithia, Advocate for the petitioner.
Mr. K.D.Sachdeva, Addl.A.G., Punjab.
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed for regular bail under Section 439 of Code of Criminal Procedure in FIR No.44 dated 06.04.2010, under Sections 354/342 and subsequently added offences under Sections 376/420/511 IPC, registered at Police Station Ladhowal, District Ludhiana.
I have heard learned counsel for the parties and have gone through the whole record.
The brief allegations against the petitioner – accused are that prosecutrix who is a minor girl aged about 14-1/2 years had gone to the clinic of petitioner for getting medicine as she was running temperature. Further allegations are that petitioner inserted thermometer in her mouth and while
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CRM No.M-15193 of 2010
she was to leave the room, in which she was being checked up by the petitioner – accused, the same was bolted from inside by the petitioner. When she tried to open the same, he pushed her on the bench where patients are examined and molested her and attempted to commit rape upon her. Further allegations are that she was stripped of her clothes by the petitioner.
It has been contended by learned counsel for the petitioner that the wife of petitioner is working as ANM and that petitioner is not a Doctor. It is further contended that he has been falsely implicated in this case being Panch of the village and that there is some dispute with the father of the prosecutrix regarding encroachment of land belonging to Panchayat.
Bail application of the petitioner has been vehemently opposed by learned counsel for the State on the plea that no father would involve his minor daughter falsely in such type of case. It is further contended that though challan has been filed and however, prosecutrix has not been examined and hence, there are chances of petitioner pressurising the prosecution witnesses including the prosecutrix, if released on bail.
Hence, keeping in view these facts and without expressing anything on the merit of the case, I am of the view that it is not such a case in which concession of bail should be granted to the accused at this stage. There is no merit in the instant application for bail filed by Harwinder Singh and the same is, hereby, dismissed.
( RAM CHAND GUPTA ) JUDGE
July 13, 2010. 'om'
1 issue framed by the court
Whether bail should be granted to the accused in a case involving attempt to commit rape and molestation of a minor prosecutrix.
Harwinder Singh
State of Punjab
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
