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.
1 of 2
10-03-2019 14:58:30 :::
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
2 of 2
10-03-2019 14:58:30 :::
