Allowed

Vijay Kumar @ Daljit Singh v. State of Punjab

Punjab & Haryana HC7 Aug 2020CRM-M/15856/2020

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana granted regular bail to the petitioner in a case involving rape under IPC 376 and POCSO Act. The court allowed the petition based on overall facts without expressing an opinion on merits, ordering release pending trial upon furnishing bail.

What did the court decide?

Petitioner released on bail pending trial upon furnishing adequate bail and surety bonds to the satisfaction of the trial court.

Vijay Kumar @ Daljit Singh Vs State… — Child Sexual Offences (POCSO) | Punjab & Haryana HC (2020)

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CRM-M-15856-2020

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CRM-M-15856-2020

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Date of Decision: 07.08.2020

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Vijay Kumar @ Daljit Singh

.... Petitioner

Versus

State of Punjab

.... Respondent

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

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Present: - Mr. Munish Puri, Advocate for the petitioner.

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Mr. Bhupender Beniwal, AAG, Punjab.

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RAMENDRA JAIN, J. (ORAL)

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Case has been taken up for hearing through video conferencing due to pandemic Covid-19.

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Through this petition under Section 439 Cr.P.C., petitionerVijay Kumar @ Daljit Singh, has prayed for grant of regular bail in case FIR No. 13 dated 17.02.2020 registered under Section 376 IPC and Section 4 of the POCSO Act at Police Station Khilchian, District Amritsar (Rural).

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According to prosecution, petitioner along with his co-accused had enticed away the victims/prosecutrix who are real sisters on the pretext of marriage. Allegations against the petitioner are that he had raped one of the victim/prosecutrix who is minor.

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Learned counsel for the petitioner inter alia contends that petitioner has falsely been implicated in the instant case. Petitioner is in

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RISHU KATARIA 2020.08.11 11:19 I attest to the accuracy and integrity of this document

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CRM-M-15856-2020 -2-

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custody since 27.03.2020. Conclusion of trial may take long time. No useful purpose would be served by detaining him in jail. Co-accused of petitioner, namely; Gursewak Singh and Amritpal, have already been granted the concession of anticipatory bail by this Court vide orders dated 19.03.2020 and 18.08.2020 (Annexures P-2 and P-3, respectively). Thus, treating the case of petitioner on the same parity, he may also be granted regular bail.

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On the other hand, learned State counsel vehemently opposed the submissions of learned counsel for the petitioner.

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Considering overall facts and circumstances, but without expressing any opinion on the merits of case, the petition is allowed. Consequently, petitioner-Vijay Kumar @ Daljit Singh, is ordered to be released on bail pending trial, if, not required in any other case, on his furnishing adequate bail and surety bonds to the satisfaction of trial Court/Duty Magistrate, concerned.

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August 07, 2020 (RAMENDRA JAIN) rishu JUDGE

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Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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RISHU KATARIA 2020.08.11 11:19 I attest to the accuracy and integrity of this document

Vijay Kumar @ Daljit Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Vijay Kumar @ Daljit Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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