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2022 Supreme(P&H) 166

ANOOP CHITKARA
Madan Mohan – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Ashok Paul Batra, Advocate, for the Appellant; Mr. Amitoj Singh Dhaliwal, DAG, Punjab, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

57

14.05.2018

Mehatpur,

Jalandhar

363/366-A IPC and later on added Sections 120-B IPC, 506, 376, 511, 212 and 342 IPC and Sections 3, 4, & 8 POCSO Act.

 1. The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.

2. In paragraphs 20 and 23 of the bail petition, the accused declares that he has no criminal antecedents except pending of FIR No.214 dated 15.12.2018, P.S. Shahkot, Jalandhar Rural, in which he is on bail.

3. The petitioner is stated to be the maternal uncle of the main accused Daljit Singh and Kuldeep Chand who stated to have married victims with their consents on crossing the age of 18 years.

4. Ld. Counsel for the petitioner contends that the petitioner is maternal uncle of the main accused Daljit Singh and Kuldeep Chand and no role of any kind has been attributed to him in the marriage of his nephews with the prosecutrix. He has been involved in the present case only being close relatives of accused Daljit Singh and Kuldeep Chand. The pre-trial incarceration would cause an irreversible injustice to t

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