High Court of Punjab & Haryana granted regular bail to the petitioner in a POSCO case. The court held that the prosecutrix had absconded after multiple adjournments, warranting bail to allow the trial to proceed.
Petitioner directed to be released on regular bail on execution of personal and surety bonds to the satisfaction of the trial Court.
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.
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Present : Dr. Deipa Singh, Advocate for the petitioner.
Ms. Mahima Yaspal, AAG, Haryana.
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The petitioner is seeking regular bail in FIR No.41 dated 15.10.2015, registered under Sections 354A, 452, 506 IPC and Section 8 of the POCSO Act at Police Station Narnaul, District Mahendergarh.
Heard.
Learned counsel for the petitioner contends that the case had been adjourned to enable the prosecution to examine the complainant but she is not appearing in the court and now bailable warrants of arrest have been issued against her. Counsel further urges that the incident is of 05.10.2015 and the FIR was lodged after 10 days and the allegations, on the face of it, appear to be false.
The State counsel submits that earlier the complainant’s statement could not be recorded on account of the agitation going in
RAJ KUMAR 2016.04.23 16:59 I attest to the accuracy and integrity of this document
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Haryana and the complainant did not appear in the court on the last date of hearing and bailable warrants have been issued.
The case has been adjourned thrice to enable the prosecution to examine the prosecutrix. The complainant is avoiding the witness box. Bailable warrants of arrest have been issued against her. The trial would get delayed.
Without commenting upon the merits of the case, the petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal and surety bonds to the satisfaction of the trial Court/Duty Magistrate, Narnaul.
RAJ KUMAR 2016.04.23 16:59 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a non-bailable offence when the prosecutrix has failed to appear despite multiple adjournments.
Whether the delay in lodging the FIR and the failure of the prosecutrix to appear justify the grant of bail.
2 provisions across 2 enactments
Petitioner
State of Haryana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
