SUNIL @ BABLU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition, filed under Section 439, Cr.P.C., is for grant of bail to the petitioner, Sunil @ Bablu, son of Mange Ram, resident of village Bagdana, Tehsil Kanina, District Mohindergarh, who has been booked for having committed the offences punishable under Sections 201, 302 and 377 read with Section 34, IPC, and Section 4 of the Protection of Children from Sexual Offences Act, 2012, in a case arising out of FIR No. 246, dated 5.9.2013, registered at Police Station, Kanina, District Mohindergarh.

(2.) Learned Special Judge/Additional Sessions Judge, Narnaul, declined the prayer of the petitioner for grant of bail to him on the premise that the charge-sheet (report under Section 173, Cr.P.C.) was presented before filing of the application before the Magistrate and, as such, he (petitioner) was not entitled to indefeasible right under Section 167(2), Cr.P.C. Learned Special Judge also held that the allegations against the petitioner were serious in nature.

(3.) I have heard learned counsel for the parties and with their able assistance gone through the material available on record.