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2025 DAILYLAW 61361 (PNJ)

HIMANSHU ALIAS HIMANSHU HOODA v. STATE OF PUNJAB AND ANOTHER

CRM-M/28840/2025 · 2025-07-21

Amarjot Bhatti

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CRM-M-28840-2025 -1- 225 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-28840-2025 Date of Decision:-21.07.2025 Himanshu @ Himanshu Hooda ...Petitioner Vs. State of Punjab and Anr. ...Respondents CORAM:-HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. L.S.Lakhanpal, Advocate for petitioner. Ms. Manjot Kaur, AAG, Punjab. Mr. Harlove Singh Rajput, Advocate and Mr. Jashandeep Singh Bains, Advocate for respondent No.2. **** AMARJOT BHATTI, J. 1. Petitioner – Himanshu @ Himanshu Hooda has filed petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in FIR No.37 dated 28.04.2025, under Section 69 of BNS 2023, registered at Police Station Nayagaon, District Mohali. 2. As per facts of case, at the instance of prosecutrix ‘P’ initially, FIR was registered where she alleged that she was friendly with Himanshu @ Himanshu Hooda for the last about 04 years. They had decided to get married. She accompanied him in Hotel Grand City, Nayagaon on 12.01.2025. He offered her cold drink ‘Maaza’. On tasting the same, she felt it different and thereafter also felt intoxicated. Himanshu @ Himanshu Hooda developed physical relations with her by saying that soon they are SUNIL DEVI 2025.07.24 10:11 I attest to the accuracy and integrity of this document CRM-M-28840-2025 -2- getting married. She also met him subsequently on 12.01.2025, 19.01.2025 and 26.01.2025. They also had a talk with a lawyer regarding their marriage. They continued to have physical relations since, she believed him that he will perform marriage with him. Her father suffered heart attack. During this period, she came to know about her pregnancy. She has narrated various dates when she met him and continued with physical relations. The test regarding pregnancy came out to be positive. Thereafter, she got herself checked from Dr. Shivani in Nayagaon, Punjab on 31.03.2025 who suggested that she was having advanced pregnancy, therefore, she should not have medicine as it could lead to complications. However, Himanshu @ Himanshu Hooda called his friend and brought medicine. After consuming it, she felt pain in her abdomen. There was some religious function at her house on 02.04.2025 and she had gone to the house of Himanshu @ Himanshu Hooda who was residing in the opposite lane. Arguments took place between Himanshu @ Himanshu Hooda and his mother who were unhappy with their relationship. Thereafter, Himanshu @ Himanshu Hooda stopped meeting her and only spoke over phone. Another incident took place on 16.04.2025, when a quarrel took place near Palika Bazar. Police was also informed. Sister of Himanshu @ Himanshu Hooda also knew about her pregnancy. She suggested her to go for abortion. Finally, the matter was reported to the police, on the basis of which present FIR has been registered. 3. Learned counsel for petitioner argued that present petitioner was granted interim bail from 12.06.2025 to 03.07.2025 vide order dated 11.06.2025. The complainant was six months pregnant and present SUNIL DEVI 2025.07.24 10:11 I attest to the accuracy and integrity of this document CRM-M-28840-2025 -3- petitioner was ready to perform marriage. It is pointed out that in pursuance of order dated 11.06.2025, petitioner and victim have performed marriage. After interim relief, petitioner had surrendered in the jail. In the light of aforesaid factual position, no purpose would be served by sending him behind the bars. Therefore, his regular bail petition may be allowed. 4. Status report is filed in this case confirming the registration of FIR as well as interim relief granted in favour of petitioner. As per the custody certificate, petitioner had surrendered back on the date fixed i.e. 03.07.2025. Learned counsel representing State as well as learned counsel representing respondent No.2/victim confirmed the marriage between the parties. 5. I have considered the aforesaid factual position. As referred above, present petitioner and the said victim have performed marriage. Petitioner is ready to abide by the terms of bail order. During interim bail, petitioner did not misuse the concession granted in his favour. Therefore, without going on the merits of the case, regular bail petition filed by petitioner – Himanshu @ Himanshu Hooda is allowed. He is ordered to be released on bail on furnishing bail bonds and surety bonds to the satisfaction of trial Court/Duty Judge concerned. 6. Pending miscellaneous application(s), if any, stand disposed of accordingly as well. 21.07.2025 (AMARJOT BHATTI) Sunil Devi JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No SUNIL DEVI 2025.07.24 10:11 I attest to the accuracy and integrity of this document