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2020 Supreme(P&H) 446

MAHABIR SINGH SINDHU
Balkar Singh @ Makhan Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Jasvir Singh Dhaliwal, Advocate
For the Respondent: Mr. Harbir Sandhu, Adv

JUDGMENT :

MAHABIR SINGH SINDHU, J

1. Present petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') for grant of bail pending trial to the petitioner, in FIR No.60 dated 06.04.2020, under Sections 363, 366, 342, 506, 201 of the Indian Penal Code, 1860 (for short 'IPC'), registered at Police Station Bareta, District Mansa.

2. As per the allegation of the prosecution, FIR in question was registered against the petitioner, on the basis of statement of prosecutrix that on 04.04.2020, at about 11:00 P.M., petitioner took her away on his bicycle by alluring to perform marriage.

3. Contends that the petitioner is in custody since 06.04.2020 and after investigation in the matter, challan has already been presented on 26.06.2020. Also contends that the prosecutrix submitted her affidavit dated 20.04.2020 (P-1) to the police revealing that on the intervening night of 04/05.04.2020, at 11:00 P.M., due to anger, she left parental house without telling her family members and went to her grand-mother, namely, Surjit Kaur, who is residing separately. She further stated in her affidavit that person, namely, Makhan Singh alias Balkar Singh son of Gurjan

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