Dilbagh Singh @ Bagga vs State Of Punjab And Another

Gurvinder Singh Gill, J

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.75, dated 13.4.2018, Police Station Civil Lines Batala, District Batala, under Sections 363, 366-A, 376 IPC and Section 6 of POCSO Act.

The FIR in question was lodged at the instance of Rajwinder Kaur wherein it has been alleged that her minor daughter aged 16 years was missing from her house since 24.3.2018 and that she strongly suspected that Dilbagh Singh had enticed away her daughter while alluring her on the pretext of marriage. It is further the case of prosecution that the victim was recovered on 7.1.2020 and that her statement under Section 164 Cr.P.C. was also recorded.

Learned counsel for the petitioner has submitted that it is a case where the victim had left her house on her own accord and had solemnized marriage with the petitioner against the wishes of her parents constraining the petitioner and victim to approach this Court seeking protection which was accordingly granted vide order dated 19.11.2018 (Annexure P-1). Learned counsel has further submitted that the victim has been residing with the petitioner as his wife and in fact a child has also been born out of the wedlock.

Opposing the petition, learned State counsel has submitted that since the victim was aged barely 16 years when she left her matrimonial home, the offences in question are clearly made out and no case for grant of bail is made out. It has however, not been disputed that the victim in her statement recorded under Section 164 Cr.P.C. has not supported the case of prosecution. The learned State counsel has informed that the petitioner has been behind bars since the last 1 year and 2 months.

I have considered rival submissions addressed before this Court.

Having regard to the facts and circumstances of the case wherein the victim is stated to be residing happily in her matrimonial home as petitioner’s wife and a child has also been born out of the wedlock and while also noticing the custody period of 1 year and 2 months and that victim did not support the case of prosecution in her statement under Section 164 Cr.P.C., the petition is accepted and the petitioner is ordered to be released on bail subject to his furnishing bail bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.