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Prince Kumar vs State Of Punjab on 22 February, 2019

CRM-M-7110-2019 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

204 CRM-M-7110-2019 (OM)
Date of Decision : 22.2.2019

Prince Kumar ….Petitioner

vs.

State of Punjab ….Respondent

CORAM : HON’BLE MR. JUSTICE AJAY TEWARI

Present: Mr. R.K.Girdhar, Advocate
for the petitioner.

Ms. Amarjit Kaur Khurana, DAG, Punjab.

****

AJAY TEWARI, J. (Oral)

This petition has been filed under Section 438 Cr.P.C for grant

of anticipatory bail to the petitioner in case FIR No. 60 dated 3.5.2018

registered under Sections 377 IPC read with Section 34 IPC and Section 12

of Prevention of Children from Sexual Offence Act, 2012, registered at PS

Nangal, District Rupnagar.

As per the FIR the minor son of the complainant was subjected

to rape by co-accused-Vipin Kumar but the petitioner was not named.

Thereafter, the co-accused has tried and acquitted by the Court and it was

observed that it was a false case and police now trying to arrest the

petitioner.

Learned DAG on instructions from HC Ram Kumar has

accepted these factual assertions.

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CRM-M-7110-2019 2

In the circumstances, without going into the merits of the case,

I do not deem it appropriate to deny the concession of anticipatory bail to

the petitioner. Resultantly, the petition is allowed. In the event of arrest of

the petitioner, he shall be released on bail by the Investigating Officer

subject to the conditions envisaged under Section 438(2) Cr.P.C.

The petitioner is directed to appear before the investigating

officer on 6.3.2019 and on any other date as and when his presence is

required. In case the petitioner does not appear before the investigating

officer in the aforesaid manner the present petition would be deemed to

have been dismissed.

Since the main case has been decided, the pending Criminal

Misc. Application, if any, also stands disposed of.

(AJAY TEWARI)
22.2.2019 JUDGE
anuradha

Whether speaking/reasoned – Yes/No

Whether reportable – Yes/No

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