Lakhvir Singh vs State of Punjab

Ram Chand Gupta, J.—The present petition filed u/s 439 Code of Criminal Procedure is for grant of regular bail to the Petitioner in case FIR No. 86, dated 21.6.2010, under Sections 363, 366A IPC, registered at Police Station Mukerian, District Hoshiarpur.

I have heard learned Counsel for the parties and have gone through the whole record carefully.

It has been contended by learned Counsel for the Petitioner-accused that he never enticed the daughter of the complainant to go with him and rather the daughter of the complainant, who was major, accompanied him with her own free will. Further submits that when daughter of complainant was recovered by the police, she refused to go with her father and rather she was sent to Nari Niketan, Jalandhar, where she stayed for two months. Further submits that these facts have also been admitted by daughter of complainant in her statement given before learned trial Court. Further contends that the case is not likely to be decided in near future as an application has been moved on behalf of the prosecution for amendment of the charge.

Bail application has been opposed by learned State counsel on the plea that prosecutrix was minor when she was allegedly kidnapped by the Petitioner.

There are no allegations on behalf of the State that Petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

In view of these facts and without expressing any opinion on the merits of the case, the present petition filed by Petitioner-Lakhvir Singh for grant of regular bail is allowed.

Bail to the satisfaction of CJM/Duty Magistrate, Hoshiarpur.