The High Court of Punjab and Haryana dismissed a bail petition filed under Section 439 Cr.P.C. without expressing an opinion on the merits, holding the petition to be devoid of merits due to a showing of safety concerns for the prosecutrix.
The petition for bail filed by the petitioner-accused was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Criminal Misc.No. M- 17537 of 2010
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc.No. M- 17537 of 2010 Date of decision:- 06.7.2010
Harinder Singh
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present:Mr. P.S. Brar, Advocate for the petitioner.
Mr. K.D. Sachdeva, Addl. A.G. Punjab. Mr. Rajesh Bansal, Advocate for the complainant.
RAM CHAND GUPTA J.(Oral)
The present petition is under Section 439 Cr.P.C. for grant of bail to the petitioner in case FIR No. 143 dated 20.12.2009, under Sections 376,420,506 IPC, registered at Police Station Jaitu, District Faridkot.
I have heard learned counsel for the parties and have gone through the whole record carefully.
It has been contended by learned counsel for the petitioner that he has been continuing in custody since 21.12.2009. Further contended that he has been falsely implicated in this case as sister of complainant has eloped with brother of the present petitioner.
Brief allegations against the petitioner are that petitioner had eloped prosecutrix and she remained with her for about 7-8 days. He had been committing rape upon her on the promise of marriage. Petitioner was in contact with the complainant for the last 5-6 years and had been promising to marry her and however, later on he married with some other girl on 07.4.2009. Thereafter, complaint was lodged with the police by the prosecutrix. However, a
Criminal Misc.No. M- 17537 of 2010
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compromise has been effected in the Panchayat and petitioner promised to marry with the prosecutrix by giving divorce to her wife. However, nothing was done. Hence, she made another complaint to the police.
In view of these facts, it cannot be said the consent of prosecutrix was a valid consent. Rather the same was given on the promise of marriage and hence the same is not consent in the eyes of law. The prosecutrix is yet to be examined.
It has been stated by learned counsel for the State that petitioner is likely to pressurize the prosecutrix, if released on bail.
Hence, without expressing any opinion on the merits of the case, the petition for bail filed by petitioner-accused Harinder Singh is dismissed being devoid of any merits.
July 06, 2010 ( RAM CHAND GUPTA ) vj JUDGE
2 issues framed by the court
Whether bail should be granted to the petitioner accused of offences under Sections 376, 420, and 506 IPC despite allegations of false implication.
Whether the petitioner is likely to pressurize the prosecutrix if released on bail.
1 provisions across 1 enactments
Harinder Singh
State of Punjab
Ram Chand Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
