Baljinder Singh @ Ravneet Sra @ Babbu v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 220+104 ***** CRM No. 9416 of 2023 in/and CRM-M No. 33896 of 2022 Date of Decision : 28.2.2023 Baljinder Singh @ Ravneet Sra @ Babbu ..... Petitioner versus State of Punjab ..... Respondent CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

Mr. G.S. Nahel, Advocate, for the petitioner Mr. Kunal Vinayak, AAG, Punjab --- TRIBHUVAN DAHIYA J. (ORAL):

This is an application for placing on record statements of the complainant/PW-1 and victim/PW-2 as Annexures P-3 and P-4. For the reasons mentioned in the application, it is allowed. Statements of the complainant/PW-1 and victim/PW-2 are taken on record as Annexures P-3 and P-4 respectively.

CRM-M No. 33896 of 2022:

This is a petition under Section 439 Cr.P.C. seeking regular bail to the petitioner in case FIR No.25 dated 25.2.2022 under Sections 363 and 366-A IPC registered at Police Station Maur, District Bathinda. The allegations against the petitioner are that he enticed away the complainant's daughter, aged sixteen years six months, on the pretext of getting married. Learned counsel for the petitioner, has referred to the victim's statement as PW-1, which is to the effect that through instagram she was introduced to the petitioner/accused, who started calling on her mobile and asked her to come to bus stand to meet her. She was also instructed to get gold and some jewellery, along with the Aadhar card, birth certificate and pass book. ASHWANI KUMAR 2023.02.28 18:00 I attest to the accuracy and integrity of this document

CRM No. 9416 of 2023 in/and CRM-M No. 33896 of 2022 -2She followed the instructions and reached bus stand where the petitioner met her and took her in a car to Goniana. On the way, she was given some noxious substance mixed with water, due to which she remained in the car the whole night. Next day, on 25.2.2022, the petitioner expressed his unwillingness to solemnize marriage with the victim and left her. Learned counsel contends that the victim's testimony itself establishes that she willingly accompanied the petitioner, and was not enticed away. The alleged offences are, therefore, not made out against him.

Learned State counsel, on instructions from ASI Surjit Singh, submits that trial of the case is going on and two of the prosecution witnesses out of eight, have already been examined. There is no other case pending against the petitioner, who remains in custody since 26.2.2022. As the material witnesses, the complainant and the prosecutrix, already stand examined and the trial is not going to conclude in near future, no useful purpose will be served by confining the petitioner in custody any longer. He has no criminal antecedents.

Accordingly, the petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bond and surety bonds to the satisfaction of the trial Court/Duty Magistrate.

(TRIBHUVAN DAHIYA) JUDGE 28.2.2023 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHWANI KUMAR 2023.02.28 18:00 I attest to the accuracy and integrity of this document