CRM CRM CRM CRM----M M M M----11948 11948 11948 11948----2025 2025 2025 2025 ----1111---- 227 227 227 227 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH CRM CRM CRM CRM----M M M M----11948 11948 11948 11948----2025 2025 2025 2025 Date of Decision:- 01.05.2025 DHARAMPAL DHARAMPAL DHARAMPAL DHARAMPAL ....Petitioner Vs. STATE OF HARYANA AND ANOTHER STATE OF HARYANA AND ANOTHER STATE OF HARYANA AND ANOTHER STATE OF HARYANA AND ANOTHER ...Respondents CORAM: CORAM: CORAM: CORAM:---- HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Tanvir Singh Grewal, Advocate for petitioner. Ms. Aditi Girdhar, AAG, Haryana. Mr. Vishavjeet Gill, Advocate for the complainant. ***** AMARJOT BHATTI, J. (Oral) AMARJOT BHATTI, J. (Oral) AMARJOT BHATTI, J. (Oral) AMARJOT BHATTI, J. (Oral) 1. Petitioner has filed instant petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in FIR No.391 dated 04.11.2023 (Annexure P-1) under Section 365 of IPC and Section 6 of POCSO Act, 2012 (Section 6 of POCSO Act added later-on) registered at Police Station Sector-31, Faridabad, Haryana. 2. Facts of the case are, complainant ‘L’ gave his statement that his eldest daughter ‘C’ aged about 14 years left the house in the morning on 03.11.2023 for taking care of child. After completing work, she did not return home. They started search for their daughter. He suspected that his SANDEEP KUMAR 2025.05.02 11:51 I attest to the accuracy and integrity of this document CRM CRM CRM CRM----M M M M----11948 11948 11948 11948----2025 2025 2025 2025 ----2222---- daughter has been abducted by someone. With these allegations, present FIR has been registered. 3. As per the status report, during investigation alleged victim was recovered on 02.05.2024. Accused Dharampal was arrested on 03.05.2024. After completion of investigation, challan was presented on 30.07.2024. 4. Learned counsel for petitioner argued that alleged victim was major at the time of alleged occurrence. During the pendency of the trial, her statement has been recorded as PW1 (Annexure P-2). She categorically stated that they had performed marriage. Petitioner and the alleged victim are husband and wife. At the time of recovery of the victim, she was pregnant. Statement of father of the victim was also recorded as PW2 (Annexure P-3). He also did not support the prosecution case. Alleged victim has not levelled any allegations against him. He is behind the bars since 02.05.2024. He is ready to abide by the terms of bail order. Therefore, his regular bail application may be allowed. 5. Status report has been filed. It is confirmed that after completion of investigation, challan was presented on 30.07.2024. After framing of chargesheet, statements of alleged victim and her father have been recorded. Other prosecution witnesses are yet to be examined. At the time of alleged occurrence, victim was minor. Considering the gravity of offence, petitioner is not entitled to be released on bail. 6. I have considered the arguments and the aforesaid factual SANDEEP KUMAR 2025.05.02 11:51 I attest to the accuracy and integrity of this document CRM CRM CRM CRM----M M M M----11948 11948 11948 11948----2025 2025 2025 2025 ----3333---- position. Statements of material witnesses have been recorded i.e. victim as PW1 and her father as PW2. Their statements are Annexures P-2 and P-3. Version of prosecution as well as stand taken by petitioner will be considered by the trial Court at appropriate stage. Petitioner is behind the bars for the last about one year. Trial in this case is likely to take long time. In light of aforesaid factual position, no purpose would be served by keeping the petitioner behind the bars. Therefore, without going on the merits of the case, regular bail application filed by petitioner is allowed and he is ordered to be released on bail to the satisfaction of trial Court/Duty Judge, concerned. 7. Pending miscellaneous application(s), if any, stand disposed of accordingly as well. (AMARJOT BHATTI) (AMARJOT BHATTI) (AMARJOT BHATTI) (AMARJOT BHATTI) JUDGE JUDGE JUDGE JUDGE 01.05.2025 01.05.2025 01.05.2025 01.05.2025 snd Whether speaking/reasoned : Yes/No. Whether reportable : Yes/No SANDEEP KUMAR 2025.05.02 11:51 I attest to the accuracy and integrity of this document