Harjit Singh Alias Raja v. State Of Punjab And Others

  
 

 
!"#$"%"
"

" "
& " & '() *

+,-)-./


            

"+ 
0#12 !

2 "
2"#""

 

  

  !"#  



!!$   %%% "
2"#"".!3 "14+     ' # ()*   +  '' ,- .  '/0 ,- 1 2 '# #  14.08.2023 Mukerian, District Hoshiarpur 346, 363, 366-A and 120B of Indian Penal Code, 1860 (for short 'IPC') 3 4# #'"  '   .  ,- /    . # #56 7 ./

' on 14.08.2023 alleging therein that her younger daughter 'J'  ./

' i.e. the victim had been found missing from her house in the morning of 14.08.2023. They had tried to search for her but could not find her. On the basis of her complaint, initially a case under Section 346 of IPC was registered. Investigation proceedings were initiated. On 28.08.2023, a supplementary

 statement was recorded by the complainant stating that her daughter had been enticed away by the present petitioner in connivance with his parents and had been induced on the pretext of performing marriage with her. She alleged that in the month of February, 2023 also the petitioner had taken her away. Offences under Sections 363, 366-A read with Section 120-B of IPC were added. In the meanwhile, the petitioner and the prosecutrix had filed a petition seeking protection of life and liberty before this High Court by filing CRWP-8450-2023. Vide order dated 28.08.2023, custody of the petitioner was handed over to the police, whereas the minor victim was directed to be kept in Aashiana Home as she did not want to go with her parents. Her statement under Section 164 of Cr.P.C. was recorded.

She refused to get her medico legal examination conducted. Co-accused were joined into investigation and had been extended benefit of anticipatory bail. After completion of necessary investigation and usual formalities, challan was presented and presently, the petitioner alongwith the co-accused is facing trial for commission of aforementioned offences. 3.

    '   

      # '  he has been falsely implicated in this case. He is in custody since 06.09.2023. Investigation has since been completed. Trial is likely to take time. His further detention would not serve any useful purpose. The victim herself had stated that she had left her parental home as per her own wish. The ingredients for commission of offences punishable under Sections 363 and 366-A of IPC were not at all made out as against him. Therefore, it is argued that the

 petitioner deserves to be concession of bail. 4.

The respondent-State has filed reply submitting therein that the petitioner had enticed away the minor prosecutrix by taking her out of her lawful guardianship on the pretext of performing marriage with her. The allegations against him are serious in nature. The material witnesses are yet to be examined. There are chances of petitioner's intimidating the witnesses, fleeing or thwarting the course of justice and therefore, it is argued that the petition does not deserve to be allowed.

5.

I have heard learned counsel for the petitioner as well as learned State counsel at considerable length and have gone through the record carefully.

6.

 ''  " #/ 

 #.'   8(9:393)  5. . /

-  . # # 8;(    #5  /  "   /  /   '" /  .  "   .#'5.  # #
. # # 8;(       "' ''  -  #.'    #'  8;.     /   # - /'' '    '/   /     .           #  '"      / ##   /  ##  # #  /   #+  - /''"  " ## # "#.

'  '    #. .  

/

/ /   #5/'' '##.  ##   ' ##  #  #'  '''.   #5 ''   #.  +

# '/'     .  <+ =/   .    +   # );8 -           # /    # "#. / /    /

+ /'   /''##''# 0# /  #        &          #   #  9;9*393) - "   #.'&''+'+.- "/ # ." +  "/ # ##. #  # -. #     "

" # # ' 
 #   ''/    ' '#     '>       #      

  ?#'   >  2    # #  @ -#' " .  " ''  #  5     . # :  # .    ''/   '#     # 5"
2"#""6 !

 ,-)-./