The court dismissed the petitioner's bail application under Sections 420, 406, 494, 376 IPC. It held that allegations of cheating and rape are serious, the victim's statement was not yet recorded, and the trial had not begun, so no case for bail was made out.
None. The bail petition 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.
-1-
Crl. Misc. No. M-40835 of 2016
In the High Court of Punjab and Haryana at Chandigarh
Crl. Misc. No. M-40835 of 2016 Date of Decision: 21.12.2016
Bharat Masih @ Kamal
......Petitioner
Versus
State of Punjab and another
....Respondents
CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. Ajay Saini, Advocate for the petitioner.
Mr. V.P.S.Sidhu, AAG, Punjab.
Mr. Amandeep Singh, Advocate for respondent No. 2.
ANITA CHAUDHRY, J(ORAL)
The petitioner is seeking regular bail in FIR No. 86 dated 26.5.2016 registered at Police Station City Moga, District Moga under Sections 420, 406, 494, 376 IPC.
Petitioner is in custody since 30.5.2016. Challan has been submitted but the case has not been committed yet.
As per the allegations the petitioner was married to Arshdeep Kaur and without taking a divorce he is said to have performed a chunni charawa ceremony with the prosecutrix and had established relations. The complainant came to know of the previous marriage and has lodged the FIR. Her statement under Section 164 Cr.P.C. was recorded where she had given a detailed statement against the petitioner.
Counsel for the petitioner contends that the complainant has given an affidavit in his favour and refers to Annexure P-1 and urges that
Gurpreet Singh Bhatia 2016.12.22 15:42 I attest to the accuracy and authenticity of this document High Court Chandigarh
-2-
Crl. Misc. No. M-40835 of 2016
the complainant knew of the previous marriage.
The authenticity of the affidavit is not to be gone into. The allegations are serious. The petitioner is accused of cheating the prosecutrix and performing some ceremony and had established relations. The complainant had accused the petitioner of rape. The trail is yet to begin. The statement of the victim is yet to be recorded.
No case for bail is made out.
The petition is dismissed.
(ANITA CHAUDHRY) JUDGE
December 21, 2016 Gurpreet Whether speaking/reasoned : Yes Whether reportable : No
Gurpreet Singh Bhatia 2016.12.22 15:42 I attest to the accuracy and authenticity of this document High Court Chandigarh
1 issue framed by the court
Whether regular bail should be granted in a case involving cheating and rape charges where the statement of the victim is yet to be recorded and the trial has not commenced.
Bharat Masih @ Kamal
State of Punjab
Anita Chaudhry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
