Lovepreet Singh v. State Of Punjab

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-41551-2019 (O&M) Date of Decision:-1.10.2019 Lovepreet Singh ... Petitioner

Versus

State of Punjab ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Balbir Singh, Advocate for the petitioner. Mr. Kirat Singh Sidhu, Deputy Advocate General, Punjab. ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.89 dated 28.5.2019 at Police Station Tibba Road, Ludhiana under Sections 363, 366-A and 376 of Indian Penal Code and Section 4 of POCSO Act, 2012.

2.

The FIR was lodged at the instance of Sh. Narinder Kumar, wherein it has been alleged that on 27.5.2019 his daughter had left home in order to go to school but she did not reach there and when he searched for her, he came to know that Lovepreet Singh @ Labba (petitioner) had enticed away her daughter with an intention of marrying her.

3.

The learned counsel for the petitioner has submitted that the complainant's daughter had accompanied the petitioner out of her free will and infact the complainant's daughter and the petitioner wish to marry each other. It has Pankaj Kakkar 2019.10.01 15:34 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-41551-2019 (O&M) further been submitted that now with the intervention of respectables, the matter has been resolved and a compromise has been effected, as per which it has been agreed amongst the families of the petitioner and of the complainant that the marriage of complainant's daughter would be solemnized with the petitioner.

4.

Mr. S.S. Siao, Advocate has today put in appearance on behalf of the complainant-Narinder Kumar and has filed power of attorney, which is taken on record. He has endorsed the fact that the parties have indeed entered into a compromise and the complainant has no objection for grant of bail to the petitioner.

5.

The learned State counsel has, however, opposed the the petition while submitting that the victim in her statement recorded under Section 164 Cr.P.C. had supported the case of prosecution though later it appears that the parties may have compromised the matter.

6.

Having regard to the facts and circumstances of the case and while bearing in mind that challan already stands presented and that the complainant does not have any objection for grant of bail, further detention of the petitioner will not serve any useful purpose. The petition, as such, is accepted and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

1.10.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2019.10.01 15:34 I attest to the accuracy and integrity of this document