Sucha Singh vs State of Punjab

Mehinder Singh Sullar, J.—Petitioner Sucha Singh son of Bachan Singh, has preferred the instant application for the grant of anticipatory bail in a case registered against him alongwith his other co-accused, namely, Gurmit Singh @ Gurpreet Singh @ Gopi, Deep @ Mandeep Singh sons of, Sarbjit Kaur wife of Gurnam Singh, vide FIR No.69 dated 19.9.2011 (Annexure P1), on accusation of having committed the offences punishable under sections 363, 366 and 120-B IPC by the police of Police Station Majitha, District Amritsar, invoking the provisions of section 438 Cr.PC.

Concisely, the epitome of the facts, culminating in the commencement, relevant for the limited purpose of deciding the core controversy, involved in the present petition and emanating from the record, is that Satinder Kaur, daughter of complainant Avtar Singh, was having love affairs with Gurmit Singh @ Gurpreet Singh @ Gopi, nephew of the petitioner. On 16.9.2011 at about 4 P.M., when the complainant came back to his house, he found accused Gurpreet Singh, his mother Sarbjit Kaur, brother Deep @ Mandeep Singh and uncle Sucha Singh (petitioner) present there. They were talking to his daughter, with regard to marriage with Gurmit Singh @ Gurpreet Singh @ Gopi.

The case of the prosecution further proceeds that on 18.9.2011, Satinder Kaur, daughter of the complainant, had left her house and did not return back. He inquired about his daughter, but in vain. He suspected that main accused Gurmit Singh @ Gurpreet Singh @ Gopi has enticed away his daughter in connivance with the other accused. On the basis of suspicion, the instant case was registered against the accused, in the manner described hereinabove.

Notice of the application was issued to the State.

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

It is not a matter of dispute that all the accused, including the petitioner, have already filed a petition, bearing CRM No.M-38697 of 2011 for quashing the same very FIR, in which, Satinder Kaur daughter of the complainant, has filed an affidavit that she had fallen in love and wanted to marry with Gurmit Singh @ Gurpreet Singh @ Gopi, but her parents were against the said marriage. Due to this, she ran away from her parental house and performed the marriage with Gurpreet Singh with her free will and consent without any pressure and coercion of any kind. Her father has lodged a false case against the petitioner in this regard.

Meaning thereby, prima facie, it is proved on record that Satinder Kaur daughter of the complainant, had voluntarily left her parental house and solemnized the marriage with Gurpreet Singh, nephew of the petitioner of her own free will. In these circumstances, as to whether any indicated offences are made out against the petitioner or not, would be the moot point to be decided during the course of trial by the trial Court. Moreover, since nothing is to be recovered from him, so, to me, it is not a case of custodial interrogation.

Therefore, taking into consideration the totality of the facts and circumstances, emanating from the record, as depicted here-in-before and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the case, the petitioner is entitled to anticipatory bail in the obtaining circumstances of the case.

Consequently, it is directed that in the event of his arrest, the petitioner shall be released on anticipatory bail on his furnishing bail and surety bonds in the sum of Rs.10,000/-to the satisfaction of Arresting Officer, subject to the conditions that (i) he shall make himself available for interrogation by the Investigating Agency as and when required; (ii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and (iii) he will not leave India without prior permission of the trial Court.

Needless to mention that in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move an application for cancellation of his bail, in this relevant connection.