Chhotte Lal @ Chote Lal Yadav vs State Of Punjab

Gurvinder Singh Gill , J

The instant petition has been filed on behalf of the petitioner seeking grant of regular bail in respect of aforementioned FIR.

The allegations, in nutshell, are that the petitioner along with co-accused Madhu had made a vain attempt to kidnap a newly born child from Civil Hospital Ludhiana on 22.7.2023. It was on account of their suspicious presence at the spot that they were confronted by a Class IV employee namely Kajal Shukla/complainant. The complainant Kajal Shukla called staff Nurse Kamal and Kamal asked the complainant to call the guard. Upon inquiry said two persons disclosed their names as Chhotte Lal and Madhu. However, the said two persons grappled with the complainant and others and managed to escape. The said two persons were subsequently arrested on 26.7.2023.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated by the complainant on account of some enmity with the petitioner as both of them are residing in the same locality where they had a small tiff. It has been submitted that it is highly unlikely that in a case of child lifting as is projected in the FIR where the officials of the Civil Hospital and also the guard had come at the spot, the FIR was still not lodged for a good 2 days. Learned counsel submitted that the petitioner otherwise has a clean record and since challan already stands presented, the petitioner deserves the concession of bail.

Opposing the petition, learned State counsel submits that although the petitioner has a clean record but there are serious allegations levelled against the petitioner. It has however, been informed that the petitioner has been behind bars for the last about 6 months and 21 days. It has also been informed that the challan already stands presented but the trial is yet to commence and as many as 11 PWs have been cited.

This Court has considered the rival submissions.

Without commenting anything as regards the veracity of the allegations, but having regard to the fact that the petitioner has a clean record and has been in custody since the last more than 6 months and the trial has not commenced till date, further detention of the petitioner will not serve any useful purpose. The petition, as such, is accepted and the petitioner is ordered to be released on bail subject to his furnishing bail bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.