Petitioner seeking bail in POCSO case. Court granted bail as official witnesses pending, prolonged custody unjustified, and witness tampering risk low.
Petitioner directed to be released on bail by furnishing bail and surety bonds to the trial judge.
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.
CRM-M No. 35420 of 2021 -1-
202
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No. 35420 of 2021 (O&M) Date of decision: 20.12.2021
Bir Singh …Petitioner
Versus
State of Haryana …Respondent
CORAM : HON’BLE MR. JUSTICE ARUN MONGA
Present : Mr. Sandeep Sharma, Advocate, for the petitioner. Mr. Saurabh Mohunta, Deputy Advocate General, Haryana.
ARUN MONGA, J. (ORAL)
CRM-40833/2021
Criminal Misc. is allowed and the accompanying statement of Liyakat (Complainant) and Barkat (uncle of the prosecutrix) annexed as Annexures P-13 and P-14 are taken on record.
CRM-M No. 35420/2021
This is second foray of petitioner before this court, seeking regular bail in FIR No. 20 dated 04.05.2018, registered under Sections 342, 363, 366-A, 376-D, 506 read with |Section 34 IPC and Sections 6 and 7 of the Protection of Children from Sexual Offences Act, 2012, at Women Police Station Charkhi Dadri, District Charkhi Dadri, having got the first petition bearing CRM-M No.18243 of 2020 dismissed as withdrawn on 04.09.2020.
CRM-M No. 35420 of 2021 -2-
kidnapped by petitioner Bir Singh, Sonu, Naveen and one unknown boy in a Bolero vehicle bearing no. HR-80-4100. Complainant ran after the vehicle but they fled towards village Naurangabad. Victim is minor whose date of birth is 03.09.2000. When complainant tried to trace her, she was found in a room in the fields of Jorawar at about 7.00 a.m. During that time, all the accused were there. She told him that she was gang raped by Bir Singh (petitioner), Sonu, Naveen and another boy and threatened to kill her if she disclosed anything to anyone. On the aforesaid statement, FIR was registered and petitioner as well as his accomplices were arrested on 05.05.2018. Challan has already been presented. Prosecution evidence is going on.
VARINDER SINGH 2021.12.20 15:28 I attest to the accuracy of this order.
CRM-M No. 35420 of 2021 -3-
He submits that there is every likelihood that he may influence the witnesses.
VARINDER SINGH 2021.12.20 15:28 I attest to the accuracy of this order.
CRM-M No. 35420 of 2021 -4-
Court, where his case is being tried and in case trial Judge is not available,
before learned duty Judge, as the case may be.
20.12.2021 (Arun Monga) vs Judge Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
VARINDER SINGH 2021.12.20 15:28 I attest to the accuracy of this order.
3 issues framed by the court
Whether the petitioner should be granted bail after prolonged custody.
Whether granting bail would serve no useful purpose or endanger the trial.
Whether the petitioner can influence witnesses given that non-official witnesses have already testified.
2 provisions across 2 enactments
Bir Singh
State of Haryana
Arun Monga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
