In a bail application under Section 439 Cr.P.C. for offences of kidnapping and sexual assault on a minor, the High Court of Punjab and Haryana granted regular bail, holding further detention unwarranted while reserving the merits for trial.
Petitioners to be released on bail to the satisfaction of the Chief Judicial Magistrate, Kapurthala.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[1]
Crl. Misc. No.M-34967 of 2011
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl. Misc. No.M-34967 of 2011
Date of Decision: 2 - 3 – 2012
Dilbag Singh and another
.....Petitioners
v.
State of Punjab .....Respondent
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr.Prateek Pandit, Advocate for the petitioners.
Mr.J.S.Bhullar, AAG, Punjab.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
The present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioners in a case arising out of FIR No.47 dated 26.7.2011 registered at Police Station Kotwali, Kapurthala under Sections 363, 366-A, 376, 120-B IPC.
In the present case, FIR was lodged by Bhagatveer Singh. He stated that he was having two daughters. His eldest daughter (name withheld to protect identity of the prosecutrix) was born on 2.2.1994 and was a student of 10+2. On 16.7.2011, when the entire family was sleeping in their respective rooms, it was found in the morning of 17.7.2011 that the prosecutrix was missing. It was stated in the FIR that the complainant
[2]
Crl. Misc. No.M-34967 of 2011
apprehended that his daughter had been enticed away by Varinderjit Singh @ Ghonu with an intention to forcibly marry him.
Counsel for the petitioners states that it is a case of elopement. Two young persons of immature age left their houses to marry, as they were having long standing love affairs.
This case was adjourned, to enable the prosecution to examine the prosecutrix. Counsel for the petitioners has placed on record evidence of PW1 Dr.Simmy Dhawan, PW2 Dr.Atul Rattan and testimony of the prosecutrix, who appeared as PW3.
It is not in dispute that on the day of occurrence, the prosecutrix was 17½ years old. Prosecutrix in her testimony has stated that on 16.7.2011when at the night, she had gone to the fields for answering the call of nature, Varinderjit Singh @ Ghonu-petitioner No.2 administered her something and she became unconscious. When she regained conscious, she found herself at Ludhiana in a train. Thereafter, in the train she went to Bombay, where the accused had taken a room on rent and she stayed there. She returned on 22.8.2011. Thus, it is evident that prosecutrix remained in company of the accused for more than 1 month and 7 days.
A perusal of the statement of the prosecutrix further reveals that it is only accused No.2 – Varinderjit Singh @ Ghonu, who had committed sexual intercourse. Whether the prosecutrix herself left with the accused; whether it is a case of elopement due to love affairs or whether she was subjected to forcible intercourse accompanied by abduction or kidnapping, shall be determined during the course of trial. Petitioners are stated to be in custody since 22.8.2011. At this stage, it cannot be ignored that prosecutrix visited public places, travelled in public conveyance and stayed in a rented
[3]
Crl. Misc. No.M-34967 of 2011
room for more than one month.
Taking the totality of circumstances into consideration, this Court is of the view that further detention of the petitioners is not warranted. Hence, the present petition is accepted. Petitioners are ordered to be released on bail to the satisfaction of Chief Judicial Magistrate, Kapurthala. However, anything said herein shall not be construed as final expression on merits of the main case.
( KANWALJIT SINGH AHLUWALIA ) March 2, 2012. JUDGE
RC
2 issues framed by the court
Whether regular bail should be granted to petitioners in a case involving abduction and sexual offences against a minor.
Whether the totality of circumstances warrants release of petitioners pending trial.
1 provisions across 1 enactments
Dilbag Singh
another
State of Punjab
Kanwalsingh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
