Manni @ Dharmender vs State of Haryana

Mehinder Singh Sullar, J.—Petitioner-Manni @ Dharmender son of Ram Pal, has preferred the instant petition for the grant of concession of regular bail, in a case registered against him, vide FIR No. 174 dated 21.03.2014, on accusation of having committed the offences punishable under Sections 363 and 366A IPC, by the police of Police Station City, Yamuna Nagar.

Notice of the petition was issued to the State.

After hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration over the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this context.

Tersely, the prosecution claimed that on 18.03.2014, prosecutrix (name intentionally withheld) daughter of complainant Anju Sharma, has left her parental house. She did not return back. The complainant searched for her but in vain. On the basis of suspicion, the present case was registered against the petitioner. It is not a matter of dispute that police recorded the statement of prosecutrix u/s 161 Cr.P.C., (Annexure P-3), which is in the following manner:-

It is stated that I reside at the above mentioned address and study in 10+2 class. I was harassed by my father and mother because my mother Anju used to beat me on petty matters and she used to made false complaints to my father against me and they usually beat me. After being continuously tortured by my parents. I made up my mind to commit suicide and went to Chita Mandir My father Rajiv Sharma brought me back. After being tortured by my parents. I made up my mind to marry after running away from the house. I love very much Manni and I want to marry him. My father and mother are against this marriage. On 18.03.2014 I went to the school to bring my younger sister and left her in the house then I gave a ring to Manni from mobile No. 8059875221 and asked him to come to Nayara Chowk From there we went to Jammu and then to Vaishno Devi Darbar I and Manni without any pressure from anyone married each other. The family members of Manni were also annoyed with this marriage. We loved each other and hence on the 20th we married. On 21.03.2014 we came down from Mata Ke Darbar and returned to Yamuna Nagar on 22.03.2014 and when we reached the bus stand the police met. Manni did not do any wring with me. I do not want to go to my parents and want to reside with Manni I feel danger from my father and mother.

Not only that, her statement (Annexure P-4) was also recorded by the Magistrate u/s 164 Cr.P.C., wherein, she has reiterated her earlier statement and claimed that she was tortured by her parents. She herself performed marriage with the petitioner without any pressure and she want to live in her matrimonial home. In that eventuality, as to whether, indicated offences are made out against the petitioner or not, inter alia, would be a moot point to be decided during the course of trial by the trial Court.

Be that as it may, the petitioner was arrested on 22.03.2014. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. There is no history of his previous involvement in any other criminal case. Since not even a single witness has yet been examined by the prosecution, so, the final conclusion of trial will naturally take a long time.

In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side, during the course of trial of main case, the instant petition for regular bail is accepted. The petitioner is ordered to be released on bail on his furnishing adequate bail and surety bonds to the satisfaction of the trial Court.

Needless to mention that, nothing observed here-in-above, would reflect on the merits of the main case, in any manner, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail.