Surender Kumar Yadav vs State of Haryana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 927

JAGMOHAN BANSAL
Surender Kumar Yadav – Appellant
Versus
State of Haryana – Respondent

Advocates appeared:
Mr. Vinod Ghai, Senior Advocate with Ms. Kanika Ahuja, Advocate for the petitioner
Ms. Dimple Jain, AAG, Haryana (assisted by ASI Rajpal Singh)

JAGMOHAN BANSAL, J.

1. The petitioner through instant petition under Section 439 Cr.P.C., is seeking regular bail in FIR No.184 dated 19.09.2022 (Annexure P-1) under Section 8 of the Protection of Children from Sexual Offences Act, 2012, registered at Police Station Sector 20, Panchkula, District Panchkula.

2. As per FIR, the case of prosecution is that on 19.09.2022, the daughter of the complainant went to Mrs. Sonika Yadav for her tuition. When the prosecutrix came back after getting tuition, she was frightened and on being asked she disclosed that father of the teacher (petitioner) has kissed her and licked her cheek.

3. Mr. Vinod Ghai, learned senior counsel for the petitioner, inter alia contends that petitioner is a 63 years old man. He belongs to State of Madhya Pradesh and few days prior to the alleged incident he along with wife had come to Panchkula to stay with his daughter whose husband is working in Army. The petitioner used to help her daughter in her tuition work. On the day of alleged incident, there were 12 children and all the children were getting tuition at the same place, thus, there was no possibility of the alleged incident. The petitioner actually checked homew

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