SATPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Section 439 Crimial P.C. on behalf of petitioner-Satpal for grant of regular bail in case FIR No. 15 dated 28.01.2015, under Sections 363A, 366, 328, 376, 506 IPC & Sec. 4 of POCSO Act, registered at Police Station Siwani, District Bhiwani.

(2.) Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case, whereas neither his name was mentioned in the FIR nor any role has been attributed to him. The FIR was registered by the father of the prosecutrix. Subsequently, the petitioner has been named by the prosecutrix in the statement recorded under Section 164 Crimial P.C. After registration of the FIR, the prosecutrix was recovered from the company of main accused Sunil. The only allegation against the petitioner is that he managed two bus tickets and the offence under Section 120-B Penal Code was added. Learned counsel also submits that the prosecutrix is the cousin sister of the petitioner and the present petitioner has been implicated at the instance of father of the prosecutrix as there was a family dispute between the parties. The agriculture land of the complainant and the petitioner are adjoining to each other. There was an improvement in the statement of the prosecutrix as at that time she was in the company of her father and the allegation of purchasing bus tickets has been levelled. Learned counsel further submits that all material witnesses have been examined as out of total 20 witnesses, 12 have been examined. The petitioner is in custody since 13.03.2015. He is ready to abide by all the terms and conditions to be imposed by this Court or by the trial Court and also undertakes not to put any pressure upon the remaining witnesses. Otherwise also, there is no possibility to influence the remaining witnesses as they are official witnesses.

(3.) Learned State counsel has not disputed the custody period as well as the stage of trial, but opposes grant of bail to the petitioner as he facilitated the main accused to commit an offence.