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2022 Supreme(P&H) 1629

VIKAS BAHL
Harnek Singh – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. S.S. Rangi, Advocate, for the Appellant; Mr. Sarabjit S. Cheema, AAG, Punjab , for the Respondent.

JUDGMENT

Vikas Bahl, J. (Oral) - This is a first petition under Section 439 Cr.P.C. for grant of regular bail in FIR No.144 dated 05.06.2021, registered under Sections 363 and 366-A IPC (Section 376-DA IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 have been added later on), at Police Station Anaj Mandi, District Patiala.

2. Learned counsel for the petitioner has submitted that the petitioner is in custody since 13.06.2021 and out of total 19 prosecution witnesses, only 4 have been examined and 15 witnesses are yet to be examined, thus, the trial is likely to take time. It is further submitted that the petitioner is not involved in any other case and that the petitioner was not named in the FIR and even in the statement under Section 164 Cr.P.C., which was recorded after a period of six days from the FIR, the petitioner who is a relative of the co-accused, namely, Harwinder Singh, has not been named. It has also been argued that as per the statement under Section 164 Cr.P.C., it has been stated by the prosecutrix that she had left the house on her own will and met co-accused Harwinder Singh, who had taken her to Rajgarh. It is further submitted that al

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