Petitioner approached High Court for regular bail in kidnapping and POCSO charges. Court held allegations serious and no case for bail made out, dismissing petition.
Petition for regular bail dismissed.
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Crl. Misc. No. M-43113 of 2016
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In the High Court of Punjab and Haryana at Chandigarh
Crl. Misc. No. M-43113 of 2016 Date of Decision: 07.12.2016
Ajit Kumar
......Petitioner
Versus
State of Haryana
....Respondent
CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY
Present: Mr. Neeraj Kumar, Advocate for the petitioner.
Mr. Anmol Malik, AAG, Haryana.
ANITA CHAUDHRY, J(ORAL)
The petitioner is seeking regular bail in FIR No. 268/2016 dated 20.5.2016 registered at Police Station Manesar, Gurgaon under Sections 363, 366-A IPC and Section 6 of the POCSO Act.
Petitioner is in custody since 25.5.2016.
Counsel for the petitioner contends that the prosecutrix has been examined and though she had given her age as 15 years but she was going around with the petitioner and she has admitted that she had the opportunity to inform her parents or get away and it was a case of consent.
State counsel submits that the girl was less than 16 years of age and consent would not matter and the petitioner is accused of kidnapping a minor girl and she was recovered after six days.
The allegations are serious.
No case for bail is made out.
Gurpreet Singh Bhatia 2016.12.09 14:11 I attest to the accuracy and authenticity of this document High Court Chandigarh
Crl. Misc. No. M-43113 of 2016
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The petition is dismissed.
(ANITA CHAUDHRY) JUDGE December 07, 2016 Gurpreet Whether speaking/reasoned : Yes Whether reportable : No
Gurpreet Singh Bhatia 2016.12.09 14:11 I attest to the accuracy and authenticity of this document High Court Chandigarh
3 issues framed by the court
Whether the petitioner is entitled to regular bail in kidnapping and POCSO charges.
Whether the prosecutrix's alleged consent negates the offence under POCSO given she was under 16.
Whether the facts disclosed a strong prima facie case precluding bail.
2 provisions across 2 enactments
Ajit Kumar
State of Haryana
Anita Chaudhry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
