In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No. M-31753 of 2008 Date of decision: 19.1.2009 Gurmeet Singh @ Lovely ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.S.S.Joshi, Advocate, for the petitioner. Mr.Aman Deep Singh Rai, AAG, Punjab. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.158 dated 2.11.2007 under Sections 363, 366-A, 376 of the Indian Penal Code, registered at Police Station Bhawanigarh, District Sangrur. The First Information Report was registered on the basis of statement of the prosecutrix that she was studying in Government Senior Secondary Girls School. On 30.10.2007 at about 4.00 p.m. petitioner-Gurmeet Singh @ Lovely and Tinku came to her house, while she was alone and the petitioner told her that they would get married after absconding from their house. Tinku assured the Criminal Misc. No. M-31753 of 2008 -2- prosecutrix that she should abscond with Gurmeet Singh and get married and he would bear the expenses. Then she went with the petitioner on his scooter. The petitioner came back on 31.10.2007 and left her at the house of her uncle at Bhawanigarh. Gurjant Singh got a writing from her on a blank paper that she had gone with the petitioner of her own will. Learned counsel for the petitioner has submitted that in the First Information Report, no allegations of rape were attributed by the prosecutrix. Even when the prosecutrix appeared as a witness before the trial Court, she has not attributed any allegation of rape against the petitioner. Rather the prosecutrix admitted her date of birth as 3.3.1988, while appearing in the witness box and stated that she had gone with the petitioner with intention to marry him but later on he had ditched her. The petitioner is in custody since 2.11.2007. Learned State counsel, on the other hand, has opposed the bail application. The petitioner is in custody for the last more than one year i.e. since 2.11.2007. The prosecutrix has not levelled any allegation of rape against the petitioner when her statement was initially recorded by the police or even when she appeared in the witness box. A certified copy of the statement of the prosecutrix recorded by the trial Court on 3.9.2008 has been placed on record. A perusal of the same reveals that the prosecutrix was major and she had gone of her own will with the petitioner with intention to marry him. She had also admitted the letters written by her to the petitioner. Keeping in view the facts of this case in mind and without Criminal Misc. No. M-31753 of 2008 -3- expressing any opinion on the merits of the case, it would be in the interest of justice to allow this petition. Accordingly, this petition is allowed. The petitioner be admitted to bail subject to the satisfaction of the learned Chief Judicial Magistrate, Sangrur. (SABINA) JUDGE January 19, 2009 anita