Deepak Kumar Alias Deepu and Another Vs. State of Punjab and Another

Deepak Kumar Alias Deepu and Another vs State of Punjab and Another

Type Court Judgment Court Punjab and Haryana Decided Jul 15, 2014

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Citation: sooperkanoon.com/1155920
Court: Punjab and Haryana High Court
Decided On: Jul 15, 2014
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Deepak Kumar Alias Deepu and Another

Respondent

State of Punjab and Another

Excerpt

.....further, deepak kumar petitioner and respondent no.2-prosecutrix are of the same age group asija vijay 2014.07.16 13:35 i attest to the accuracy and integrity of this document criminal misc. no.m-21558 of 2014 -2- and had fallen into love. they even developed physical relations. however, their relations were not to the liking of the parents of the prosecutrix and for that reason they were able to win her over and plant a false case against the petitioners.it is also submitted that while lodging the fir, the prosecutrix stated that she was 17/18 years of age. in fact, she was about 20 years of age as is apparent from the copy of aadhar card (annexure p-3).it is further submitted that the matter between the petitioners and the prosecutrix has since been amicably settled. the petitioners and their co-accused mangu ram have filed a separate miscellaneous petition under section 482 cr.p.c.for quashing of the fir on the basis of the compromise. under these circumstances, the petitioners be released on bail. learned state counsel has opposed the prayer made on behalf of the petitioners by submitting that there were direct and specific allegations levelled against the petitioners.learned counsel for the prosecutrix-respondent no.2 has not opposed the prayer made on behalf of the petitioners.having heard learned counsel for the parties, this court is of the considered view that the petitioners deserve the concession of bail. resultantly, the petition is accepted. bail to the satisfaction of the chief judicial magistrate, fazilka. july 15, 2014 ( t.p.s.mann ) vijay asija judge asija vijay 2014.07.16 13:35 i attest to the accuracy and integrity of this document

Full Judgment

Criminal Misc.

No.M-21558 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.

No.M-21558 of 2014 Date of Decision:-15.07.2014 Deepak Kumar alias Deepu and another ...Petitioners Versus State of Punjab and another ...Respondents CORAM: HON'BLE Mr.JUSTICE T.P.S.MANN Present:- Mr.A.K.Khunger, Advocate for the petitioneRs.Mr.A.S.Kler, Assistant A.G., Punjab for respondent No.1-State.

Respondent No.2 in person with Mr.Tarun Singla, Advocate.

T.P.S.MANN J.(Oral) Prayer made in the petiton is for grant of regular bail to the petitioners during the pendency of the trial of the case arising out of FIR No.28 dated 5.3.2014, under Sections 376/342/34 IPC, registered at Police Station Bahav Wala, District Fazilka.

As per the FIR, which was registered at the instance of the prosecutrix, aged 17/18 yeaRs.Deepak Kumar petitioner had committed rape upon her by calling her to his house.

Further Vinod Kumar petitioner and one Mangu Ram son of Bala Ram were also privy to the crime by taking the prosecutrix to the house of Deepak Kumar petitioner.

Learned counsel for the petitioners submits that the petitioners are in custody since 7.3.2014.

Further, Deepak Kumar petitioner and respondent No.2-prosecutrix are of the same age group Asija Vijay 2014.07.16 13:35 I attest to the accuracy and integrity of this document Criminal Misc.

No.M-21558 of 2014 -2- and had fallen into love.

They even developed physical relations.

However, their relations were not to the liking of the parents of the prosecutrix and for that reason they were able to win her over and plant a false case against the petitioneRs.It is also submitted that while lodging the FIR, the prosecutrix stated that she was 17/18 years of age.

In fact, she was about 20 years of age as is apparent from the copy of Aadhar Card (Annexure P-3).It is further submitted that the matter between the petitioners and the prosecutrix has since been amicably settled.

The petitioners and their co-accused Mangu Ram have filed a separate miscellaneous petition under Section 482 Cr.P.C.for quashing of the FIR on the basis of the compromise.

Under these circumstances, the petitioners be released on bail.

Learned State counsel has opposed the prayer made on behalf of the petitioners by submitting that there were direct and specific allegations levelled against the petitioneRs.Learned counsel for the prosecutrix-respondent No.2 has not opposed the prayer made on behalf of the petitioneRs.Having heard learned counsel for the parties, this Court is of the considered view that the petitioners deserve the concession of bail.

Resultantly, the petition is accepted.

Bail to the satisfaction of the Chief Judicial Magistrate, Fazilka.

July 15, 2014 ( T.P.S.MANN ) Vijay Asija JUDGE Asija Vijay 2014.07.16 13:35 I attest to the accuracy and integrity of this document

Same Court & Year Punjab and Haryana · 2014 Same Parties Deepak Kumar Alias Deepu and Another vs State of Punjab and A... Same Subject Criminal