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RAJESH BHARDWAJ
Kuldeep – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Rajesh Bhardwaj, J. (Oral) - Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.
2. Prayer in the present petition is for grant of regular bail to the petitioner in case FIR No.17 dated 12.01.2021, under Sections 363, 366-A, 376, 120-B IPC and Section 4 of POCSO Act, 2012, registered at Police Station City Samana, District Patiala.
3. As per the factual matrix of the case, the FIR in question was registered by one Hans Raj son of Sham Lai, resident of Amamgarh Mohalla, Samana, District Patiala. It has been alleged that he has two children, elder one is the son who is aged about 19 years and the youngerdaughter is 15 years of age. On 10.01.2021 at about 01:30 pm, his daughter had gone to the shop for bringing some articles. However, she did not return. The family started searching for her, however, failed to search. It was suspected that Kuldeep son of Babla i.e. the petitioner and one more unknown person had allured his daughter and took her on their motorcycle. Request was made to take the necessary legal action against the culprits. The petitioner was arrested on 12.1.2021. Thereafte
The court may grant bail when the trial is expected to take a long time and no useful purpose would be served by keeping the accused in custody, especially when key prosecution witnesses do not suppo....
The central legal point established in the judgment is the significance of the minor victim's statement expressing consent to the relationship and reluctance to pursue legal action against the petiti....
The delay in framing charges and the prolonged custody of the petitioner influenced the court's decision to grant regular bail.
The main legal point established in the judgment is that the turning hostile of material witnesses and the significant custody period of the petitioner can be considered in granting regular bail.
The court considered the lack of support from the prosecutrix and the period of custody undergone by the petitioner in granting regular bail.
The main legal point established in the judgment is that the grant of bail was justified based on the false implication of the petitioner and the expected duration of the trial.
The impact of delay in trial and the COVID-19 pandemic on the grant of regular bail in criminal cases.
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