LI Network
Published on: 29 January, 2024 at 12:25 IST
In a surprising turn of events, the Punjab and Haryana High Court has granted bail to a man accused of kidnapping a minor girl, expressing shock at the alleged “high-handedness and incompetency” of the Special Investigation Team (SIT) handling the case.
The accused had initially informed the parents of the missing minor girl that she had jumped into a canal, suggesting the possibility of her demise. Subsequently, an FIR was filed against the accused based on this information, and he was taken into custody under Sections 363 and 365 of the Indian Penal Code (IPC).
However, the accused presented CCTV footage photographs to the court, clearly showing the minor girl alive and freely moving about, seated on a pillion seat of an Activa.
Justice Sandeep Moudgil, presiding over a Single Bench, expressed shock at the “high-handedness and incompetency” of the SIT during its inquiry.
The Court found fault with the SIT for submitting a report contradicting the CCTV footage and failing to diligently examine the photographs proving the minor girl’s presence. Additionally, the court noted that the SIT did not take possession of relevant CCTV DVRs for further investigation.
Justice Moudgil observed, “Suffice to hold that the trial will certainly take a long time for which the petitioner cannot be kept behind bars indefinitely. This would amount to an infringement of his right to life and liberty, as enshrined under Article 21 of the Constitution of India, and also goes against the principle that bail is a rule and jail is an exception.”
The Court granted bail to the accused and directed the Senior Superintendent of Police to provide an explanation, along with an affidavit, showcasing the progress of the investigation.
Case Title: Aman v. State of Punjab