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Judgment
19 paragraphs · 333 wordsHari Pal Verma, J
The petitioner has filed present petition under Section 439 Cr.P.C. seeking regular bail in FIR No.199 dated 14.07.2020 under Sections 363, 366-A,
368 and 376 IPC as well as Section 4 of the Protection of Children from Sexual Offences Act, 2012 registered at Police Station Sultanpur Lodhi,
District Kapurthala.
Learned counsel for the petitioner submits that the allegation against the petitioner is that he enticed the daughter of complainant, who is about 16
years of age, on the pretext of marriage. He further submits that the petitioner and the prosecutrix have approached this Court by way of CRWP
No.6528 of 2020 titled as Manjit Kaur and another Versus State of Punjab and others so as to seek protection of their life and liberty for having
solemnised marriage with each other and protection was granted to them by this Court.
He further submits that now the matter has been compromised between the parties before the Panchayat vide Panchayatnama dated 24.09.2020
(Annexure P-4). The complainant has also furnished an affidavit dated 24.09.2020 (Annexure P-5) to the effect that the matter has been
compromised between the parties. The petitioner is in custody since 15.09.2020.
Learned State counsel has filed the custody certificate of the petitioner, which is taken on record. He does not dispute the custody of the petitioner.
I have heard learned counsel for the parties.
Considering the fact that the petitioner is in custody since 15.09.2020 and the matter has been compromised between the parties, this Court finds that
no useful purpose would be served by detaining the petitioner in further custody.
Accordingly, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing adequate bail bonds and surety bonds
to the satisfaction of learned trial Court.
The observations made hereinabove shall not be construed as an expression of opinion on the merits of the case and the trial Court shall decide the
case without being influenced with these observations in any manner.
