AI Structured Summary
Not yet generated for this judgment
Judgment
G.R. Majithia, J.
First Information Report under Sections 363, 366, 376, 452 read with section 34 of Indian Penal Code was registered at Police Station, Ambala City against the petitioner and three others.
Briefly stated the allegations made in the FIR are that on April 22, 1991 Smt. Daropti, complainant along with her daughter Vishmriti was present in her house in Baldev Nagar, Ambala City. At about 11 AM, the petitioner came there and got the door of her house opened. In the meantime two persons of whom Jagmohan was known to them earlier trespassed into her house. Jagmohan caught hold of Vishmriti from her arm and dragged her out of the house. When the complainant tried to stop him, his coaccused gave her a slap as a result of which she fell down. She was then caught hold of by the lady and the other boy accompanying Jagmohan. Jagmohan made Vishmriti to sit in a threewheeler. All the accused sat in the three wheeler and left the place
Learned counsel for the applicant submits that the only allegation in the FIR against the applicant is that she got the door opened. There appears to be no doubt that the other accused and the applicant came with the intention to take away Vishmriti from the house of the complainant. The learned counsel has shown me some photographs. These indicate that Vishmriti was married to Jagmohan. The other lady shown in the photographs is Smt. Manju the elder sister of Vishmriti, who is alleged to have arranged her marriage with Jagmohan. It is a fact that Vishmriti is a minor but the circumstances of the case indicate that she married Jagmohan of her own sweet free will and with the blessings of her elder sister. It appears to be correct that the parents of the girl were not agreeing to this wedlock.
The trial judge was in error in declining bail to the applicant on the sole ground that Vishmriti was a minor. He should have taken into consideration other attending circumstances of the case.
Keeping in view the facts and circumstances of the case, I think that the interest of justice requires that the applicant be released on bail to the satisfaction of Chief Judicial Magistrate/Judicial Magistrate (on duty), Ambala. I order accordingly.
The expression of opinion in this order is only for the purpose of disposing of this application under Section 439 of the Code of Criminal Procedure and shall not be construed as an expression on the merits of the case.
JUDGMENT accordingly.