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Bajinder Singh @ Pastor vs State Of Punjab on 30 October, 2018

CRM-M-46883-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-46883-2018 (OM)
Date of Decision: 30.10.2018

Bajinder Singh @ Pastor
….Petitioner
Versus

State of Punjab
….Respondent

CORAM: HON’BLE MRS. JUSTICE ANITA CHAUDHRY

Present: Ms. G.K. Mann, Advocate
for the petitioner(s).

Mr. Jagmohan Ghuman, D.A.G., Punjab.

****

ANITA CHAUDHRY, J

Petitioner is seeking regular bail in FIR No.128 dated

20.04.2018 registered under Sections 376/ 420/ 354/ 294/ 323/ 506/ 147/

149 of IPC and Section 67 of Information and Technology Act at Police

Station Zirakpur, District SAS Nagar.

Learned counsel for the petitioner contends that the petitioner is

in custody since 30.07.2018 and the investigation is over and challan has

been presented and the complaint is by a married woman who has two

children. Counsel submits that the complainant has made accusations of

rape incident which occurred in September, 2017 and the FIR had been

registered in April, 2018. Counsel further submits that the complainant is

used to making complaints and she had got FIR registered against one other

person and the trial had ended in acquittal and they have placed on record

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03-11-2018 23:38:56 :::
CRM-M-46883-2018 -2-

the judgment Annexure P-9. Counsel further submits that the complainant

had got FIR registered under Section 354 IPC at Chandigarh and then

entered into a compromise and the FIR was quashed as recently as in

September 2018 and she is used to lodging complaints to extract money.

Learned State counsel informs that the FSL report is negative.

The petitioner has placed on record some photographs of

December, 2013 to show that the complainant had participated in a

procession and had such incident occurred in September, she would not

have associated herself and would have lodged a complaint earlier.

Two instances have been shown by the petitioner, where the

same complainant has made allegations of rape and molestation against

different persons.

Trial had ended in acquittal. The investigation is already over

in this case. FSL report is negative. Without commenting anything on the

merits of the case, the petition is allowed. Petitioner is ordered to be

released on bail on his furnishing surety and adequate bail bonds to the

satisfaction of the Illaqa Magistrate/Duty Magistrate.

October 30, 2018 (ANITA CHAUDHRY)
ps-I JUDGE

Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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