Punjab-Haryana High Court
Kallu vs State Of Haryana on 16 July, 2014
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
Cr.Misc.-M- 22703 of 2014 1
235
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Cr.Misc.-M- 22703 of 2014
Date of decision: 16.07.2014.
Kallu ....Petitioner
Versus
State of Haryana ....Respondent
CORAM: HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.
Present: Mr. Rajesh Lamba, Advocate
for the petitioner.
Mr. Vikas Malik, AAG, Haryana.
*****
TEJINDER SINGH DHINDSA J. (Oral)
This order shall dispose of the present petition preferred under Section 439 Cr.P.C. seeking the benefit of regular bail to the petitioner in case FIR No.177 dated 03.06.2014 under Sections 363, 366-A, 376, 420, 467, 468 and 471 of IPC registered at Police Station Sector-55, District Faridabad.
Having heard counsel for the parties at length, this Court is of the considered view that there is merit in the contention raised on behalf of the petitioner. It has been contended that petitioner has performed marriage (nikah) with the prosecutrix on 20.04.2014 and they have been residing together in protection home on their own free will and accord. Such assertion is corroborated by the statement of the prosecutrix recorded under Section 164 Cr.P.C. wherein she had clearly stated as regards having performed nikah with the present petitioner-Kallu on 20.04.2014 and thereafter having stayed Kanchan 2014.07.18 15:03 I attest to the accuracy and integrity of this document Chandigarh Cr.Misc.-M- 22703 of 2014 2 with him in the capacity of his wife.
At this stage, it would be also apposite to note that the prosecutrix, namely, Rani as well as the present petitioner-Kallu had approached this Court earlier in point of time on 07.05.2014 by filing Criminal Miscellaneous No.-M-15641 of 2014 in which a prayer had been made for issuance of directions for protection of their life and liberty.
The petitioner has been in custody since 09.06.2014. Investigation in the case is still under way as other family members of the present petitioner have also been sought to be implicated in the case.
In the totality of circumstances further incarceration of the petitioner would not be warranted.
Petition is allowed.
Bail to the satisfaction of Chief Judicial Magistrate, Faridabad/Duty Magistrate.
Disposed of.
(TEJINDER SINGH DHINDSA) JUDGE 16.07.2014.
yakub Kanchan 2014.07.18 15:03 I attest to the accuracy and integrity of this document Chandigarh