(2021) Law Today Live Doc. Id. 15942
Decided on: 11.02.2021
Present:
Mr. B.S. Aulakh, Advocate for the petitioner.
Mr. Dhruv Dayal, Senior DAG, Punjab.
Mr. Impinder Singh Dhaliwal, Advocate for respondents No.2 and 3.
Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4 -- Indian Penal Code, 1860 (45 of 1860), Sections 363, 366-A (Section 376 IPC and Section 4 of the POCSO Act, 2012 added later on) – Rape with minor – Regular bail -- Compromise – Prosecutrix is now almost 18, compromise states that the petitioner and prosecutrix were in a relationship -- Petitioner is 24 year of age -- In view of the above, especially when the petitioner is in custody for over a year, he is not involved in any other criminal case, the COVID-19 pandemic and the conclusion of the trial is likely to take some time, Court deemed it a fit case to grant the concession of regular bail to the petitioner.
(Para 1, 2, 6)
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ANUPINDER SINGH GREWAL, J. (ORAL) –
1. The petitioner is seeking regular bail in FIR No.17 dated 26.01.2020, under Sections 363, 366-A (Section 376 IPC and Section 4 of the POCSO Act, 2012 added later on), registered at Police Station Lambi, district Sri Muktsar Sahib.
2. Learned counsel for the petitioner contends that the petitioner and the prosecutrix, who is now almost 18, were in a relationship. He further contends that the matter has been compromised. Copy of the compromise is at Annexure P-3 wherein it is stated that the petitioner and prosecutrix were in a relationship. The petitioner is 24 year of age and is in custody for over a year. He is not involved in any other criminal case.
3. Learned counsel for the complainant/respondents No.2 and 3 states that the matter has indeed been compromised.
4. Learned State counsel contends that the petitioner is in custody for over a year and is not involved in any other criminal case.
5. Heard.
6. In view of the above, especially when the petitioner is in custody for over a year, he is not involved in any other criminal case, the COVID-19 pandemic and the conclusion of the trial is likely to take some time, I deem it a fit case to grant the concession of regular bail to the petitioner.
7. Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned.
Petition allowed.
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