In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No. M-31574 of 2008 Date of decision: 19.1.2009 Gurjant Singh ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.O.P.Hoshiarpuri, 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 (for short 'IPC), 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. Gurmeet Singh @ Lovely and Tinku came to her house, while she was alone and Gurmeet Singh @ Lovely told her that they would get married after absconding from their house. Tinku assured the Criminal Misc. No. M-31574 of 2008 -2- prosecutrix that she should abscond with Gurmeet Singh @ Lovely and get married and he would bear the expenses. Then she went with Gurmeet Singh @ Lovely on his scooter, who came back on 31.10.2007 and left her at the house of her uncle at Bhawanigarh. Petitioner-Gurjant Singh got a writing from her on a blank paper that she had gone with Gurmeet Singh @ Lovely of her own will. Learned counsel for the petitioner has submitted that the only role attributed to the petitioner was that he had forced the prosecutrix to sign on some blank papers. Charge has also been framed against the petitioner under Section 384 IPC. The petitioner is in custody since 2.12.2008. Learned State counsel, on the other hand, has opposed the bail application. Keeping in view the submissions made by learned counsel for the petitioner and without expressing any opinion on the merits of the case, I am of the opinion that the present case is a fit case where the petitioner can be allowed the concession of bail. It is evident from the statement of the prosecutrix that she had been taken away by co-accused Gurmeet Singh @ Lovely with the promise that he would marry her and, thereafter, he had left her at the house of her uncle. The petitioner took her signatures on some blank papers. The fact that whether the prosecutrix had gone with the co-accused-Gurmeet Singh @ Lovely of the petitioner of her own will on account of their love affair or whether the co-accused had enticed away the prosecutrix on the false promise of marriage would more appropriately be considered and gone into during trial. Criminal Misc. No. M-31574 of 2008 -3- Keeping in view the role attributed to the petitioner and the period of custody undergone by him, 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