Petitioner sought regular bail in an FIR alleging sexual harassment under various IPC sections and POCSO. Court noted call details and mutual SMS, accepted compromise, and granted bail as the petitioner had been detained for three months.
Petitioner released on regular bail by furnishing bail/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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
104+211 CRM-M-321-2021 (O&M) Date of Decision:12.03.2021
NIKHIL
....Petitioner
Versus
STATE OF HARYANA
....Respondent
CORAM HON'BLE MR. JUSTICE GURVINDER SINGH GILL
----
Present: Mr. Amit Jaiswal, Advocate for the petitioner.
Mr. Ramesh Kumar Ambavta, AAG, Haryana assisted by ASI Amlesh.
(proceedings conducted through video conferencing)
GURVINDER SINGH GILL, J.(Oral)
CRM-7577 of 2021
In view of the reasons mentioned in the application, the same is allowed and the documents annexed with the application are taken on record as Annexures A-1 to A-3.
CRM-M-321-2021
PANKAJ KAKKAR 2021.03.12 21:00 I attest to the accuracy and integrity of this document
CRM-M-321-2021 2
neighbours Nikhil and Anuj hurled stones at her house for harassing her and were calling her on mobile phone again and again and started talking in an objectionable manner. Although she tried to restrain them but to no avail and they rather threatened that they would take her obscene photographs and defame her. It is alleged that the complainant in order to counsel the aforesaid two accused opened the door but they forcibly dragged her to their house and when the complainant raised alarm her mother came to the spot and rescued her. It is further alleged that the accused have conducted themselves in a similar manner on earlier occasions with some other girls as well.
PANKAJ KAKKAR 2021.03.12 21:00 I attest to the accuracy and integrity of this document
CRM-M-321-2021 3
made two calls to the prosecutrix on 05.12.2020.
5.I have considered rival submissions addressed before this Court.
(GURVINDER SINGH GILL) JUDGE
| 12.03.2021 | |||
|---|---|---|---|
| rimpal | |||
| Whether speaking/reasoned | : Yes |
/ No | |
| Whether reportable | : Yes |
/ No |
PANKAJ KAKKAR 2021.03.12 21:00 I attest to the accuracy and integrity of this document
3 issues framed by the court
Whether the petitioner is entitled to regular bail in a case involving sexual harassment and POCSO allegations.
Whether the compromise between the parties and the challan being presented justify release on bail.
Whether the call details refute the false FIR allegation against the petitioner.
8 provisions across 2 enactments
NIKHIL
STATE OF HARYANA
GURVINDER SINGH GILL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
