Crl. Misc. No. M-15370 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-15370 of 2010 (O&M) Date of Decision: May 24, 2010 Amarjit Singh @ Amardeep Singh ........Petitioner Versus State of Punjab .......Respondent CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. Vivek Suri, Advocate for the petitioner. Mr. Amandeep Singh Rai, AAG, Punjab. SABINA, J. Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure (in short 'Cr.P.C.') for grant of anticipatory bail in FIR No.61 dated 20.4.2010, under Sections 363/366-A/120-B of Indian Penal Code (in short 'IPC'), Police Station Dhariwal, District- Gurdaspur. The contents of the FIR (Annexure No.1) reads as under:- “Statement of Bhupinder Singh son of Kartar Singh, Caste Jat, resident of Fatehnangal, Police Station Dhariwal, aged approximately 42 years stated that I am resident of aforesaid address and after taking pension from Army these days I am doing agriculture work and my niece Avneet Kaur @ Dimple d/o Lakhbir Singh caste Jat, resident of Kalanaur, who is residing with me from last 14 to 15 years and I was looking after her study and she was studying in 10+2 class in Bebe Nanki College, Dhariwal Crl. Misc. No. M-15370 of 2010 (O&M) 2 and is minor. Avneet Kaur went to Bebe Nanki College Dhariwal on 26.12.2010 for enquiry about roll number and has not come back and we have searched a lot but today I came to know that my niece Avneet Kaur @ Dimple aforesaid has been taken away by a friend namely Shiv Shankar son of Ashok Kumar resident of Gali No.8, Prem Basti, near D.C. Office Sangrur and that boy is known to the grandson of my maternal uncle namely Amardeep Singh son of Harjit Singh caste Jat resident of Focal Point Plastic Power near Hanuman Mandir, Sangrur with the intention of marrying my niece Avneet Kaur, aforesaid has run away. Amardeep Singh, who is grandson of my maternal uncle has helped them. My niece namely Avneet Kaur and grand son of my maternal uncle Amardeep Singh and has friend Shiv Shankar, all of the three were seen by my relative Shamsher Singh son of Gurmeet Singh caste Jat resident of Fazzula Chak on 26.2.2010 at bus stand Dhariwal and were boarding the bus. The date of birth of my niece as per matriculation certificate is 24.6.1992 whose photocopy I am submitting. Statement has been heard and is correct and signed.” Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely involved in this case. The FIR has been got registered after a gap of about two months. After hearing learned counsel for the petitioner, I am of the opinion, that the instant petition deserves dismissal. Crl. Misc. No. M-15370 of 2010 (O&M) 3 Petitioner has specifically named in the FIR and Avneet Kaur has not been recovered so far. In these circumstances, the delay in lodging of the FIR in itself is not relevant at this stage. Petitioner might be required for custodial interrogation. Keeping in view the seriousness of offence alleged to have been committed by the petitioner, no ground for grant of anticipatory bail is made out. Dismissed. (SABINA) May 24, 2010 JUDGE Anand