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Judgment
The petitioner is seeking regular bail in FIR No. 20 dated 28.2.2016 registered at Police Station Bahawala, Tehsil Abohar, District Fazilka, under
Sections 363, 366-A IPC (Challan presented under Section 363, 366-A, 376 IPC and Section 4 of POCSO Act).
Counsel for the petitioner contends that petitioner is in custody since July 2017 and investigation is over and challan has been presented and the
statement of the victim has been recorded. The counsel further submits that the FIR was lodged by the father and the girl on recovery had made a
statement in his favour and at the trial she did not support the prosecution story.
The victim has not supported the prosecution in the statement recorded under Section 164 Cr.P.C. or in the statement made before the Court. The
petitioner is in custody for over a year. The trial is taking time.
Without commenting anything on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on his furnishing
bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate.