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High Court of Punjab and HaryanaCRM-M/5475/2017allowed

Annu v. State Of Haryana

2017-07-27Mr. Justice Satpal3 pages

[1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No.M- 5475 of 2017(O&M) Date of Decision: July 27 , 2017.

Annu ...... PETITIONER (s)

Versus

State of Haryana ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Robin Singh Hooda, Advocate for the petitioner.

Mr. Sanjay K.Saini, AAG, Haryana.

*****

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporters or not?

3. Whether the judgment should be reported in the digest? ***** LISA GILL, J.

CRM No.23283-84 of 2017 Annexures P1 and P2 are taken on record subject to just exceptions. Filing of certified copies thereof is dispensed with. Applications are disposed of.

CRM No.M-5475 of 2017 The petitioner prays for bail pending trial in FIR No.63 dated 22.02.2016 under Sections 363/366A/120B IPC registered at Police Station Sadar Sonepat, District Sonepat.

[2] Allegations against the petitioner are that she took the victim from the Safe House, Sonepat and left her in the custody of the main accused. Thereafter the victim was taken by the co-accused to various places. The alleged victim in this case is stated to have gone missing on 17.02.2016 whereas, the present FIR was lodged on 22.02.2016. The victim was recovered on 25.02.2016 and her statements under Sections 161 and 164 Cr.P.C. were recorded on the same day. As per the said statements (Annexure P1 and P2), she accompanied the main accused Rahul out of her own free will and accord. She stated that she is 18 years old and solemnized marriage with co-accused Rahul on 17.02.2016 before the Saket Court at Delhi. She affirmed that her statement was not made under any kind of duress. Thereafter, the victim was lodged at the Safe House, Police Lines, Sonepat and Bal Gram, Rai pursuant to the directions of the learned Judicial Magistrate First Class, Sonepat as she expressed her unwillingness to reside with her parents.

It is submitted that the petitioner has unnecessarily been implicated in this case whereas, the alleged victim accompanied the main accused out of own accord. She accompanied him from the Safe House, Sonepat and was living with him out of her own accord. There is evidence on record to show that she was major at the time of the alleged incident. Furthermore, the co-accused Ankit and Ram Niwas have been afforded the concession of bail pending trial by this Court on 18.01.2017 in CRM No.M-767 of 2017 and 01.06.2017 in CRM No.M15877 of 2017, respectively. Therefore, this petition be allowed. Learned counsel for the State, on instructions from ASI Naresh Kumar, is unable to deny that the victim indeed suffered a statement under

[3] Section 164 Cr.P.C. before the learned Judicial Magistrate First Class, Sonepat on 09.12.2016 that she was 19 years old at that time and she was not enticed away by anyone. It is informed that the victim is now residing with her parents since 20.01.2017. The lodging of the victim at Safe House, Sonepat and Bal Gram, Rai is verified. It is submitted that the petitioner is a permanent resident of Nepal therefore, bail be not granted. However, the petitioner, it is verified, is not involved in any other criminal case and had been living at Delhi. The petitioner has been in custody since June, 2016. Trial in this case is not likely to conclude in the near future. There are no allegations on behalf of the State that the petitioner is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

Keeping in view the facts and circumstances as above but without commenting upon or expressing any opinion on the merits of the case, this petition filed by Annu is allowed. The petitioner shall be released on bail pending trial subject to her furnishing heavy & local surety and bail bonds to the satisfaction of the learned Trial Court.

It is clarified that none of the observations made hereinabove shall be construed to be a reflection on the merits of the case. The same are solely confined for the purpose of decision of the present petition. ( LISA GILL ) July 27 , 2017.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No