LAWS(P&H)-2020-9-16

ABHISHEK KUMAR @ ABHI Vs. STATE OF PUNJAB

Decided On September 03, 2020
Abhishek Kumar @ Abhi Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Petitioner seeks regular bail in FIR No.113 dated 13.06.2019, under Sections 376, 354 of IPC and Sections 4, 8 of The Protection of Children from Sexual Offences Act, registered at Police Station City-2 Khanna, Ludhiana.

(2.) Learned counsel for the petitioner submits that on the last date of hearing before this court, matter was adjourned and trial Court was directed to record the statement of the prosecutrix. Since, learned counsel for the complainant/prosecutrix had submitted that the accused-petitioner is pressurizing her to resile from her earlier statement. He submits that the case has been adjourned by the trial Court number of times and till date there is no progress in the trial due to pendency of application u/s 319 of Cr.P.C. and owing to pandemic scenario as well . He refers to zimini orders passed by trial Court from time to time (Annexure P-13 colly.). Learned counsel for the petitioner submits that petitioner is in custody since 02.04.2019.

(3.) Learned counsel for the petitioner further submits that as per his instructions, in the meanwhile prosecutrix has got married and is settled at Delhi and it is highly probable that she would even turn out for recording her statement since, as per his instructions, the entire allegation of rape arose out of certain other collateral disputes between two families, who at the relevant time were residing as immediate neighbours.