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Judgment
8 paragraphs · 543 wordsKuldip Singh, Judge
This is an application u/s 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 338/2012 dated 07.09.2012, registered at Police Station, Paonta Sahib, District Sirmour, under Sections 363, 366 IPC. It has been stated that petitioner has been falsely implicated in the case by complainant Kuldeep Thakur father of Ms. Nikita Singh with whom petitioner has married on 04.09.2012. The petitioner is about 22 years and Ms. Nikita Singh is 18 1/2 years. The date of birth of Ms. Nikita Singh is 13.10.1993.
On account of registration of the case, the petitioner is apprehending his arrest in the above. The petitioner is ready to join the investigation and furnish bail bonds. The submission has been made for releasing the petitioner on bail.
The status report has been filed. It has been stated that case has been registered on the written complaint of Kuldeep Singh Thakur. The complainant has stated that his daughter on 04.09.2012 at 7.30 a.m. had gone to Pipliwala for tuition, but did not return till evening. She was searched, but was not traced. The complainant has stated that he came to know that petitioner, Aslam and Hamid Khan kidnapped his daughter in vehicle HR-70A-0141 of Iqbal. On this, the case has been registered.
In the Panchayat record, the date of birth of Nikita was found 30.10.1993 and date of birth of Anand Verma 26.09.1990. On 11.09.2012, Nikita Singh and Anand Verma appeared before Sub Divisional Police Officer, Paonta Sahib and produced photographs of their marriage performed on 04.09.2012. The petitioner has joined the investigation. Nikita Singh produced one affidavit and stated that she of her own performed marriage with Anand Verma without any coercion or pressure. At the time of marriage, none was with her nor any car was used. She has stated that she of her own had gone to Nahan in the bus, from there to Chandigarh in another bus. It has been stated that it appears Nikita Singh has performed marriage with petitioner voluntarily.
Heard and perused the record. In brief, from the status report filed in the case, it emerges that Nikita Singh has performed marriage voluntarily with petitioner on 04.09.2012 and nobody forced her for performing marriage. In these circumstances, petitioner has made out a case for grant of bail u/s 438 Cr.P.C.
In view of above, application is allowed. The petitioner in the event of arrest in FIR No. 338/2012 dated 07.09.2012, registered at Police Station, Paonta Sahib, District Sirmour, under Sections 363, 366 IPC, be released on bail on his furnishing personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the Arresting Officer with the conditions that the petitioner shall continue to join the investigation as and when called by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. The petitioner shall not overawe or terrorize any prosecution witness and shall maintain absolute peaceful and lawful conduct during the pendency of the trial. The observations made in the judgment are for disposal of bail application and shall not be construed as an expression of opinion on the merits of the case.
Copy �dasti�.