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MANISHA BATRA
Sukhwinder Singh @ Sukhi – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
MANISHA BATRA, J.
1. The present petition has been filed under Section 439 of Cr.P.C. seeking regular bail in FIR mentioned below:
| FIR No. | Dated | Police Station | Sections |
| 33 | 01.05.2023 | Sudhar, District | 363, 366-A, 376(3), 354-C of IPC and Ludhiana Section 6 of Protection of Children from Sexual Offences Act, 2012 (For short “POCSO Act”) |
2. Brief facts of the case relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on 01.05.2023 on the basis of statement recorded by the complainant “G” (name withheld) alleging therein that on the same day, his daughter “R” (name withheld) had left home for going to the school but within his sight, she was taken away by a youth in a vehicle bearing No. PB56E 2020. The complainant rushed towards her school but found that she had not reached there. On making inquiry, it was revealed that she had been taken away by the petitioner in his Venue car on the pretext of performing marriage with him. A case under Sections 363 and 366-A of IPC was registered. Investigation pr
The absence of evidence implicating the accused and unexplained delay in FIR lodging justified the granting of bail.
The gravity of the offences, the credibility of the victim's statement, and the possibility of the accused pressurizing the victim and tampering with evidence are crucial factors in determining bail ....
The court considered the evidence relating to the age of the prosecutrix, delayed FIR, and the age of the applicant in granting bail, emphasizing the importance of these factors in bail decisions for....
The absence of evidence showing inducement by the accused negates charges of kidnapping under IPC, even if the victim is a minor.
The court granted bail to the petitioner, finding insufficient evidence for abduction charges, emphasizing the victim's status as a major and the nature of their relationship.
The court considered the lack of support for the allegations, absence of prior criminal involvement, and the challenging period of COVID-19 pandemic in reaching its decision to grant bail.
The willingness of the victim in the marriage and the impact of the petitioner's custody on the victim and their children were crucial in the court's decision to grant bail.
Bail is a rule and rejection is an exception. The court must consider various factors, including the nature and seriousness of the offence, when deciding on bail in a non-bailable offence.
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