Punjab and Haryana HC grants Bail to person accused of sending vulgar and obscene messages to 15 years old Girl

Punjab and Haryana HC grants Bail to person accused of sending vulgar and obscene messages to 15 years old Gir

The Punjab and Haryana High Court granted Bail to person accused of sending vulgar and obscene messages to a 15 years old Girl.

Background

The FIR has been registered on the basis of the statement of the father of the victim alleging that his daughter aged about 15 years has received vulgar and obscene messages on her mobile phone which was provided by the complainant for studies during the online classes, the messages were sent from the mobile phone of the petitioner and the same were sent by Harpreet Singh co-accused.

Arguments

Advocate Karamveer Singh Banyana, appearing for the petitioner contended that the petitioner has been falsely implicated in the instant case and there is no allegation that he had  sent any vulgar and obscene messages to the victim.

State counsel had not assailed the aforesaid factual aspects but has opposed the bail application on the score that Harpreet Singh, co-accused was juvenile. 

Decision

The single judge bench of Justice Vivek Puri noted that the petitioner is in custody for the last 4 months and 7 days and is not involved in any other case. There is no allegation to the effect that the petitioner had in fact sent vulgar and obscene messages to the convict. 

The court stated that the custodial interrogation of the petitioner is over and he is in judicial custody. The investigation of the case is complete, the challan has already been presented and conclusion of trial is likely to take some time. 

The court further said that, merely because the statement of the victim or other material witnesses has not yet been recorded cannot be termed to be a circumstance to decline the concession of bail to the petitioner at this stage particularly the Courts are working on restricted mode due to Covid-19 Pandemic. 

The court observed that the conclusion of the trial is likely to take some time and no fruitful purpose will be served by detaining the petitioner in custody. There is no specific allegation that he had actually sent vulgar and obscene messages to the daughter of the complainant though his mobile phone was used by the co-accused. 

The court released the petitioner on bail on his furnishing requisite bail bonds to the satisfaction of the trial Court/Duty Magistrate concerned.

Case title: Goldy v/s State of Haryana

Citation: CRM-M-2130-2022 

Click here to read the Order/ judgment

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