GURPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has filed this petition under Sec. 439 Cr.P.C. for grant of regular bail, pending trial in case FIR No.267 dtd. 4/8/2020, under Ss. 363, 366-A, 376-D, 120-B IPC, 1860 and Ss. 6-G and 11 POCSO Act, 2012, registered at Police Station, Phillaur, District Jalandhar Rural. The petitioner is in custody since his arrest on 22/8/2020.

(2.) The above FIR was registered on the statement of Jagan Nath complainant, wherein it was stated that on 1/8/2020 at 4.00 p.m., his niece Chahat daughter of Ashok Kumar, aged about fifteen years, went from home to take medicine, but till date she has not come back. We tried our best to trace her but did not succeed. We have doubt that some unknown person has kidnapped my niece by enticing her with bad intention. My niece be traced, so that any unforeseen incident may not occur with her.

(3.) Learned counsel for the petitioner has argued that complainant Jagan Nath has falsely implicated the petitioner as his wife was residing with petitioner at Malaysia, who had borrowed money from him and when he demanded back his money, the present case was lodged by the complainant. Learned counsel has further drawn the attention of the court to the statement of the victim recorded on 6/4/2020 during the trial proceedings as PW-1 to contend that she has not supported the prosecution case and was declared hostile. According to him, the complainant also testified before the court as PW-2 and has not supported the prosecution. He submits that since the material witnesses have been examined, therefore, the further custody of the petitioner may not be necessary as the trial is likely to consume considerable time to conclude. He prays for bail.