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2025 DAILYLAW 10940 (PNJ)

HARPREET SINGH @ HAPPY v. STATE OF PUNJAB

CRM-M/465/2025 · 2025-03-18

Amarjot Bhatti

body2025

Judgment text

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CRM-M-465-2025 1 201 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-465-2025 Date of decision: 18.03.2025 HARPREET SINGH @ HAPPY ....Petitioner Versus STATE OF PUNJAB ....Respondent CORAM: HON'BLE MRS. JUSTICE AMARJOT BHATTI Present: Mr. B.S. Bhalla, Advocate for the petitioner. Mr. Kewal Singh, Addl.A.G. Punjab. Mr. Rajender Kumar, Advocate Mr. Sham Lal, Advocate for for the complainant. **** AMARJOT BHATTI , J. Petitioner has filed the present petition under Section 482 of BNSS, 2023 for grant of anticipatory bail in FIR No.253, dated 12.12.2024, under Sections 137(2) and 87 BNS, registered at Police Station Ajnala, District Amritsar. 2. As per facts of the case, father of the victim gave her statement that on 04.11.2024 his daughter i.e. victim age about 16 years student of 11th Class slept in the house along with other family members after dinner. On 05.11.2024 at about 4.00 a.m. when he woke up he noticed that the victim was not present in her bed. He called his wife and they started searching for the victim but could not locate her. He received information that the victim has been allured by Harpreet Singh alias Happy by giving false assurance of marriage. With these allegations, present FIR has been registered. MONIKA RANI 2025.03.21 10:27 I attest to the accuracy and integrity of this document CRM-M-465-2025 2 3. Learned counsel for the petitioner argued that he was granted interim relief vide order dated 10.01.2025 and in pursuance of this, he has already joined the investigation. As per the Aadhar Card of petitioner, her date of birth is 18.02.2006. Present petitioner along with victim had filed petition seeking protection of life and liberty which is Annexure P-2 and the order passed by learned Additional Sessions Judge, Amritsar dated 09.12.2024 is Annexure P-3. The alleged victim has not levelled any allegation against petitioner. He will abide by the terms of bail order. Therefore, his anticipatory bail application may be allowed. 4. Bail application is opposed by learned counsel representing complainant, alleging that the victim was minor, therefore, her consent does not carry any weight. Petitioner has committed serious offence. Therefore, he does not deserve anticipatory bail. 5. State report is filed wherein it is confirmed that present petitioner has joined the investigation on 22.01.2025. The alleged victim was recovered on 06.01.2025. She had refused for her medical examination. Her statement was recorded under Section 183 BNSS where she alleged that her parents wanted to perform her marriage with an elderly person whereas she wanted to perform marriage with the petitioner but her parents were against their marriage. Therefore, she left the house due to threat from her parents. 6. I have considered the aforesaid factual position. So far as age of the victim is concerned, that is matter of trial. Petitioner has joined the investigation. It cannot be ignored that the alleged victim did not level any allegation against the present petitioner when her statement under Section 183 BNSS was recorded before the Magistrate. MONIKA RANI 2025.03.21 10:27 I attest to the accuracy and integrity of this document CRM-M-465-2025 3 Petitioner is ready to abide by the terms of bail order. Therefore, anticipatory bail petition filed by petitioner– Harpreet Singh @ Happy is allowed. He be not arrested. In case of his arrest, he be released on bail to the satisfaction of Arresting/Investigating Officer concerned, subject to condition that petitioner will join investigation as and when required. He will not tamper with or interfere with investigation and will not leave country without prior permission as provided under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. 7. Pending miscellaneous application(s), if any, stand disposed of accordingly as well. (AMARJOT BHATTI) JUDGE 18.03.2025 monika 1. Whether speaking/ reasoned : Yes /No 2. Whether reportable : Yes /No MONIKA RANI 2025.03.21 10:27 I attest to the accuracy and integrity of this document