Cr.M.P.(M) No. 139/08 29.2.2008 Present: Mr. Ashok Shama, Advocate for the petitioner. Mr. R.K.Bansal, Additional Advocate General for the respondent-State. Cr. M.P.(M) No. 139/2008 This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in F.I.R. No. 4/08, dated 1.1.2008, registered at police station Nurpur, District Kangra under Sections 363, 366, 368, 120-B IPC. The notice of the application was given to the State and the ld. Additional Advocate General has submitted the report. Heard and perused the record. It has been submitted on behalf of the petitioner that he has been falsely implicated in the case. The petitioner on coming to know that an F.I.R. has been registered against him at police station Nurpur surrendered before the police on 3.1.2008 and since then he is in custody. The allegations against the petitioner are totally false. Infact he has married to Sunita. Sunita accompanied him of her free will. The petitioner earlier filed bail application which has been dismissed by the ld. Additional Sessions Judge-I, Kangra at Dharamshala on 24.1.2008. The petitioner has prayed for the grant of bail. The ld. Additional Advocate General has opposed the bail application on the grounds that the petitioner and other co-accused kidnapped Sunita. I have gone through the statement of Sunita and she has clearly stated that she is in love with the petitioner who approached her on 21.12.2007 and he proposed her. He and others suggested her to come to bus-stand Rehan on 24.12.2007. In her statement it has also come that by changing various vehicles she reached Nangal and went to the residence of one lady Situ. She stayed in the residence of Situ at Nangal till 31.12.2007 alongwith Rakesh alias Khanna. She got married with Rakesh on 29.12.2007 at Shiv Mandir, Nangal and had sexual intercourse with Rakesh with her consent. On 2.1.2008 her marriage with Khanna was also registered in the Court. Rattan Chand Shastri, ‘pujari’ of Shiv Mandir, Nangal has also stated that he performed the marriage of Rakesh Kumar and Sunita. On behalf of the petitioner it has been submitted that the petitioner and his family have accepted Sunita as duly wedded wife of Rakesh. It has been submitted that false case has been instituted against the petitioner because the petitioner and Sunita belong to different castes and marriage of Sunita with Rakesh has not been accepted by the family of Sunita. It has been submitted that challan has been submitted in the Court of ld. Additional Chief Judicial Magistrate, Nurpur. In the facts and circumstances of the case, the petitioner has made out a case of bail under Section 439 Cr.P.C. Accordingly the petition is allowed. Petitioner is ordered to be released on bail under Section 439 Cr.P.C. in F.I.R. No. 4/2008, dated 1.1.2008, registered at police station Nurpur, under Sections 363, 366, 368 and 120-B IPC on his furnishing a personal bond in the sum of Rs.20,000/- (rupees twenty thousand) with one surety of like amount to the satisfaction of ld. Additional Chief Judicial Magistrate, Nurpur with the conditions that the petitioner shall not influence the prosecution witnesses and tamper with the prosecution evidence. The observations made in this order shall not be construed as expression of opinion on the merits of the case. Dasti copy on usual terms. February 29, 2008 (Kuldip Singh) (PK) Judge.