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2024 Supreme(P&H) 1971

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL, J.
Nanak Singh - Appellant
Vs.
State Of Punjab And Another - Respondent
CRM-M-19136-2024
Decided On : 16-05-2024

Advocates:
Advocate Appeared:
For the Appellant :Mr.Ruhani Chadha, Advocate
For the Respondent: Mr.Anup Singh, AAG, Punjab

JUDGMENT :

Sumeet Goel, J.

Present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No.124 dated 09.09.2023 registered for the offences punishable under Sections 363, 365, 366-A, 506 and 120-B of IPC (Section 376 of IPC added later on) at Police Station Subhanpur, District Kapurthala.

2. The case set up in the FIR in question (as set out by the petitioner in the present petition) is as follows:-

"Statement of Shri Jasvir Singh son of Jarnail Singh son of Baaj Singh resident of Village Boot Police Station Subhanpur District Kapurthala aged around 45 years, Mobile no. 89683-44782, made a statement that I am resident of above said address and at present I am the official Panch of the Village Boot. I have four children, the eldest boy is Rajwinder Singh, younger to him is girl Harpreet Kaur and younger to her is girl Manpreet Kaur and the youngest boy is Rajinder Singh. In our neighbourhood Piara Singh son of Baghiar Singh lives in his own residence along with his family and relatives. The house next to them belongs to my sister-in-law wife of Udham Singh and they are relative with each other. Yesterday on dated 08.09.2023 the time would be around 10.30 PM that I was starting to rest after having meal with my family, then suddenly the gate of my house was knocked and my wife Kulwinder Kaur opened the gate and behind her I also came outside near the gate. Then we saw that our neighbour Loddi wife of Piara Singh and her daughter Jeeta came and told us that Fateh Kaur's health has deteriorated and we have to take Fateh Kaur to the hospital for treatment and you send your daughter Manpreet Kaur with us to leave her home for some time. My wife Kulwinder Kaur sent the girl Manpreet Kaur with them and after about 15-20 minutes I and my wife Kulwinder Kaur also went to the house of Fateh Kaur. When we reached the street, we saw that there was a white un-numbered Scorpio car parked besides which Kulwant Singh alias Pamma son of son of Swaran Singh and Visakha Singh son of Tikka Singh of our Village were standing. Those who on seeing me and my wife, raised Lalkara at me and said that you become the official Punch, today will give you the result of the application which you have given against us against us to occupy the pond and they were holding Datars in their hands. Before we could understand something from them, we saw that my daughter Manpreet Kaur was being held by Loddi wife of Piara Singh from hairs. One of her arm was held by Jeeta daughter of Piara Singh and other arm was held by Gurbachan Kaur wife of Tikka Singh. My daughter was trying to free herself from them and while we were watching, Babbu son of Piara Singh, Varinder Singh son of Piara Singh, Ram Singh son of Tikka Singh and others, they grabbed my daughter by her legs and waist and Vishaka Singh son of Tikka Singh suddenly opened the middle window of the Scorpio car and my daughter Manpreet Kaur who was trying to free herself from them, forcibly picked her up and threw her into the Scorpio car I and my wife went forward begging them in a panic, then Jasvir Singh alias Sheer son of Tikka Singh gave blow on me with Dattar carrying in his hand and Kulwant Singh immediately started the vehicle and ran away and behind them Jasvir Singh alias Sheer, Visakha Singh son of Tikka Singh who are brothers fled away from the spot by raising Lalkaras and by giving threats to kill. Seen this sudden incident, my wife Kulwinder Kaur got unconscious and fell in the street. When I shouted high, then on hearing my voice my brother Paramjit Singh and my mother Parseen Kaur and other family members came and took my wife Kulwinder Kaur inside the house. I told about this incident to my Village Numberdar Rajpal Singh. former Panch Kashmir Singh and other Village acquaintances over the phone, all of them started looking for the Scorpio car and the abductors on their respective vehicles and they continued to look for them till late night b

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