Santosh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CRM-M No. 33397 of 2022 Date of Decision : 4.1.2023 Santosh ..... Petitioner versus State of Punjab ..... Respondent CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

Mr. Harpreet Singh Sidhu, Advocate, for the petitioner Mr. Kunal Vinayak, AAG, Punjab --- TRIBHUVAN DAHIYA J. (ORAL):

This is a petition under Section 439 Cr.P.C. seeking regular bail in case FIR No.22 dated 28.2.2022 under Sections 364A, 365, 506, 120B, 148, 149 IPC registered at Police Station Verowal, District Tarn Taran. As per allegations in the FIR, the petitioner along with other coaccused is alleged to have taken away complainant's niece forcibly. Learned counsel has also referred to an order dated 31.1.2022 passed by this Court in CRWP No. 813 of 2022, whereby petitioner's brother and his wife, Kajal, who is cousin of the victim, were granted protection of life and liberty in the event of any threat. It is submitted that brother of the petitioner and niece of the complainant had a love affair, and they got married too. The FIR in question has been lodged as a counter to that marriage implicating the petitioner.

The petitioner was arrested on 4.3.2022, and challan against him was filed on 2.6.2022. Other co-accused are yet to be arrested. Keeping in view the fact that the petitioner is in custody for about ten months and the trial is not likely to conclude soon, this Court is of the view that he deserves to be released on bail.

ASHWANI KUMAR 2023.01.04 17:16 I attest to the accuracy and integrity of this document

CRM-M No. 33397 of 2022 -2Accordingly, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail/surety bonds to the satisfaction of the trial Court/Duty Magistrate. (TRIBHUVAN DAHIYA) JUDGE 4.1.2023 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHWANI KUMAR 2023.01.04 17:16 I attest to the accuracy and integrity of this document