GULSHAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been preferred under Section 439 Cr.P.C. seeking bail in FIR No.53 dated 08.07.2016, registered under Sections 377 and 506 of the Indian Penal Code and Sections 3, 4, 6 and 9 of the Protection of Children from Sexual Offences Act, at P.S. Sadar, Batala, Police District Batala, District Gurdaspur.

(2.) Contends that the petitioner has been falsely implicated in the instant case. The FIR has been registered at the instance of a local MLA, who owns the school in question and is a complainant in another FIR registered against the petitioner. No MLR was carried out upon the victim immediately after the alleged incident. The complainant, namely, Reena Kumar, already stands examined. The petitioner is in custody since 09.07.2016.

(3.) On the other hand, learned State counsel, on instructions, submits that the trial is in progress and out of 11 prosecution witnesses, 2 have been given up, whereas, 1 stands already examined. Heard.