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2022 Supreme(P&H) 111

ANOOP CHITKARA
Princepal Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. J.S. Thind, Advocate, for the Appellant; Mr. R.S. Khaira, AAG, Punjab, for the Respondent

JUDGMENT

Anoop Chitkara, J.

FIR No.

Dated

Police Station

Sections

162

11.05.2022

B-Division, Amritsar

376, 511, 354, 354-A, 342, 323 IPC

1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 438 Cr.P.C seeking anticipatory bail.

2. In paragraph 7 of the bail petition, the accused declares that he has no criminal antecedents.

3. The victim alleged that on 09.05.2022, she along with her sister had gone to give matriculation examination. After the examination is over, her sister sent her back to home along with petitioner Princepal Singh. Instead of taking her to home, the petitioner took her to a hotel, where he tried to commit rape upon her. The petitioner was able to save herself from his advances and fled away.

4. Ld. Counsel for the petitioner contends that the custodial investigation would serve no purpose whatsoever, and the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

5. Ld. counsel representing the State opposes bail.

REASONING:

6. The victim is an adult aged 19 years and nobody had stopped her from accompany to her home along with her sister. Anybody can smell rat by the fact of her sister

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