Read Order: Surinder Kumar @ Deepak v. State of Punjab
Chandigarh, August 2, 2021: The Punjab and Haryana High Court has declined regular bail for the second time in a row to an accused who is behind bars for nearly three years for allegedly raping his six-year-old son.
The accused moved for grant of regular bail in an FIR dated 05.08.2018 registered under Sections 377, 511, 120-B, 34 IPC and Section 4 of POCSO Act, registered at Police Station Dugri, District Ludhiana. Earlier, his plea was dismissed as withdrawn on 30.09.2019.
As per allegations in the FIR, the petitioner committed the offence of penetrative sexual assault on his six-year-old son.
The counsel for the petitioner submitted that the new ground for filing the second petition was that custody of the petitioner is about 2 years, 11 months and 20 days.
The State counsel filed the custody certificate dated 30.07.2021 in the High Court and submitted that out of total 14 prosecution witnesses, nine have already been examined and the complainant and victim have duly supported the prosecution version.
“After hearing learned counsel for the parties, I find that in the peculiar facts and circumstances of the case, wherein the victim is 06 years of age, mere long custody of the petitioner is not a ground to entertain this second petition. Accordingly, the present petition is dismissed,” stated the bench of Justice Arvind Singh Sangwan.