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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KULDEEP TIWARI
Kaka Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Kuldeep Tiwari. J. (Oral)
Through the instant petition, the petitioner craves for indulgence of this Court for his being enlarged on regular bail, in case FIR No.224 dated 01.07.2023, under Sections 4 and 18 of the Protection of Children from Sexual Offences Act, 2012, and under Sections 377 and 511 of IPC, registered at Police Station Kalanwali, District Sirsa.ALLEGATIONS AGAINST THE PETITIONER
2. The petitioner was arrested in this instant matter on 02.07.2023, and the following allegations were made by the complainant:-
"Sir. Administrative Officer, P.S. Kalanwali. Sir it is stated that me Laddu Singh S/o Mahender Singh R/o Taruana, Tehsil Kalanwali Distt. Sirsa is resident of above address and do labour work. I have 2 sons and 2 daughters. My younger son Inderjit studies in class 8th at Taruana whose age is around 15 years. Yesterday on 30-06-23 around 2-30 pm our neighbour Kaka Singh S/o Nayab Singh @ Bona R/o Taruana took my younger son Inderjit from our home to his home and my son did not come back home for a long time and then went to see my son at the house of Kaka Singh S/o Nayab Singh @ Bona and saw that my son was in naked position and Kaka Singh S/o Nayab Singh
The main legal point established in the judgment is the principle that bail is the rule and jail is an exception, emphasizing the presumption of innocence and the right to a speedy trial.
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