SIMRATPAL SINGH @ HAPPY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail to petitioner, Simratpal Singh @ Happy son of Nirbhai Singh, resident of village Mahal Khurd, District Barnala, who has been indicted for having committed the offences punishable under Sections 363, 366-A, 376, 120-B, IPC in a case arising out of FIR No.39, dated 16.7.2012, registered at Police Station, Punjab Agricultural University, Ludhiana.

(2.) According to the prosecution version, the FIR in question was registered on the basis of statement suffered by father of the prosecutrix. As per the FIR, the prosecutrix was born on 25.6.1997 and she had studied upto 6 th class. The prosecutrix used to go to Haibowal for painting work on clothes. Ashok Kumar, co-accused of the petitioner, used to visit the Dargah which was situated near the house of the complainant. Said Ashok Kumar was working as a Driver with Blue Dart Company.

(3.) Learned counsel for the petitioner contends that it is the conceded case of the prosecution that the petitioner has not performed the sexual act with the prosecutrix. He further submits that the petitioner is behind the bars since 24.7.2012 and after investigation, the chargesheet (report under Section 173 Cr.P.C.) has already been submitted before the learned Area Judicial Magistrate, therefore, the petitioner is no more required for the purpose of investigation. Learned counsel further contends that the main accused, Ashok Kumar and the remaining accused have not been arrested by the police.