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Kulwinder Singh vs State Of Punjab on 11 October, 2018

CRM-M No. 36252 of 2018 -1-

IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIGARH

CRM-M No. 36252 of 2018 OM)
Date of decision : 11.10.2018

Kulwinder Singh
…………….Petitioner

vs.

State of Punjab
……………..Respondent

Coram: Hon’ble Mr. Justice H. S. Madaan

Present: Mr.Veneet Sharma, Advocate for the petitioner.

Mr. Dhruv Dayal, Senior Deputy Advocate General,
Punjab.

H. S. Madaan, J.

This petition for regular bail has been filed by petitioner

Kulwinder Singh, an accused in FIR No. 35 dated 4.5.2018, for

offences under Section 354 IPC and Sections 8, 10 of the Protection

of Children from Sexual Offence Act, 2012, registered at Police

Station Kheri Gandian, District Patiala.

Briefly stated, facts of the case are that the FIR in

question was registered on the basis of statement of complainant

Jaswant Singh s/o Darshan Singh r/o village Harpalpur, Police Station

Kheri Gadian, District Patiala. Inter alia he stated that on 2.5.2018 at

about 9.00 P.M., his daughter – prosecutrix (name withheld to

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CRM-M No. 36252 of 2018 -2-

conceal the identity), aged about 8 years, had gone to see the cycle

show in the street. When she was passing by the house of Ajaib Singh

and Kulwinder Singh s/o Pritam Singh, then Kulwinder Singh, who

was in drunken condition, caught hold of her and tried to take her to

the phirni of village. On girl’s raising hues and cries, Kulwinder

Singh left his daughter and ran away.

Formal FIR was registered. The accused was arrested in

this case. After completion of investigation challan against the

petitioner has been filed and the trial is going on.

The accused had moved an application for grant of

regular bail before the Court of Sessions, which was assigned to the

Additional Sessions Judge (Exclusive Court for Heinous Crimes

against Women), Patiala, who vide order dated 3.8.2018, dismissed

the same, as such he has approached this Court, craving for grant of

similar relief, which prayer is being opposed by the State counsel.

I have heard learned counsel for the petitioner, learned

State counsel, besides going through the record.

Keeping in view the fact that accused is behind the bars

for more than two months, the trial is at the initial stage and its

conclusion is likely to take some time, in light of the allegations

against the petitioner, who is stated to be a married person, aged

about 37 years, having 4 children, I find that the petition for regular

bail deserves to be accepted.

Therefore, the petition is allowed and the petitioner is

directed to be released on bail on furnishing of surety bonds and

personal bonds to the satisfaction of Chief Judicial Magistrate/Duty

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CRM-M No. 36252 of 2018 -3-

Magistrate, Patiala, subject to the following conditions:-

i) that the petitioner shall appear in the Court on each and

every date of hearing;

ii) that the petitioner shall not, directly or indirectly, make any

inducement, threat or promise to any person acquainted

with the facts of the case so as to dissuade him from

disclosing such facts to the Court or to any police officer;

and

iii)that the petitioner shall not leave India without the prior

permission of the Court and shall surrender his passport, if

he has got one, otherwise to furnish affidavit in that regard.

In addition to this the trial Court may impose any term and

condition found suitable to ensure that the petitioner does not

abscond and interfere in the trial. In case the petitioner violates

any term and condition on which the bail has been granted to him,

this order shall be liable to be withdrawn.

( H.S. Madaan )
11.10.2018 Judge
chugh

Whether speaking / reasoned Yes / No

Whether reportable Yes / No

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