IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of Decision: 30.10.2018
Bajinder Singh @ Pastor
State of Punjab
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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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
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)
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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