PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL, J.
Davinder Singh – Appellant
Versus
State of Punjab – Respondent
CRM-M-13057-2025
Decided on : 07-03-2025
JUDGMENT :
Sandeep Moudgil, J. (Oral)
1. Relief sought
The jurisdiction of this Court has been invoked under Section 482 of the Bharitya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail to the Petitioner in FIR No. 188 dated 13.9.2024 under Sections 419, 465, 468, 471, 120-B IPC and Sections 9, 10, 11 of Prohibition of Child Marriage Act, 2006 registered at P.S. City Tarn Taran District Tarn Taran.
2. Prosecution story setup in the present case as per the version in the FIR as under:-
To, Hon'ble District Child Protection Officer, District Tam Taran. Subject:- Regarding forced marriage of my minor girt Manpreet Kaur (born on 12.12.2007) against accused: 1. Davinder Singh son of Gurdev Singh (husband of my daughter) 2. Gurdev Singh son of not known (my daughter's father-in-law) 3. Gurdev Singh's wife (my daughter's mother in law) all residents of village Kandgil, Police Station Sadar Tarn Taran, Tehsil and District Tarn Taran. 4. Baljit Kaur wife of Balwinder Singh (my wife) resident of Mohalla Nariaksar, Street Dr. Jaspal Singh Wali, Jandiala Road Tarn Taran, Police Station City Tarn Taran, Tehsil and District Tarn Taran. 5. Baba Joga Singh Sakhira, Granthi Gurdwara Hatho Sahib, Shaheed Baba Naina Singh Ji, Near Navi Sara, Opposite Sant Singh Sukha Singh Public School, Tarn Taran, Tehsil and District Tarn Taran for getting FIR registered against the said persons immediately. Sir, I Balwinder Singh (aged about 48 years) son of S. Vasan Singh son of Sr. Inder Singh am resident of Gali Dr. Jaspal Singh Wali, Rohi Kanda, Mohalla Nanaksar, Jandiala Road, Tarn Taran, Tehsil and District Tarn Taran and I request you as follows- 1. That my marriage took place on 27th February 2002 according to Sikh rituals and customs with Smt. Baljit Kaur daughter of Kashmir Singh resident near Gurdwara Bhai Mant Sahib ji Amritsar and after marriage, two children Husanpreet Singh (aged about 19 years) and girl Manpreet Kaur (born on 12/12/2007) were born in my house. My son Husanpreet Singh has passed the twelfth standard while my daughter Manpreet Kaur is studying in the eleventh standard at Mata Ganga Girls College, Tarn Taran 2. That I have a business of selling frying snacks in Tarn Tarn city. I go to my work every morning with the snacks etc. put on my motorbike and come back home in the evening. My wife Baljit Kaur, my daughter Manpreet Kaur and my son Husanpreet Singh live in my house. I keep my daly allowance and all my money with my wife Batt Kaur. 3. That for the last 4-5 years, my wife Baljit Kaur and my daughter Manpreet Kaur serve Langar, Prakrama and Sunyara Sahib along with other devotees in Sri Darbar Sahlb Taran Taren. 4. That my wife Boljit Kaur is a characterlins woman and she has a good relationship with Davinder Singh son of Gurdev Singh resident of village Kadgil who serves Langar in Sri Darbar Sahib. My wife fixed my daughter Manpreet Kaur's relationship with Davinder Singh without asking me and without my consent and I did not even know about it. Later Davinder Singh's father Gurdev Singh and Davinder Singh's mother fixed the relationship between Manpreet Kaur and Davinder Singh by luring my wife Baljit Kaur with money. 5 That in April 2024 my wife and my daughter were fully under the control of Davinder Singh, his mother and his father and my wife and my daughter started fighting with me on small things and then on the request of Davinder Singh, her mother and father Davinder Singh took my wife Baljit Kaur and my daughter Manpreet Kaur on 06/06/2024 at around 11.00 pm from my house alongwith my 50 thousand rupees in cash, gold jewellery, two bags of clothes and other important documents and valuable things alongwith Davinder Singh, his mother and father Gurdev Singh escaped from home and went to Kadgil village. I and my relatives kept looking for my wife Baljit Kaur and daughter Manpreet Kaur but they were not found. 6 That on the next day on 07/06/2024 at around 11.00 pm Davinder Singh son of Gurdev Singh, Davinder S
The presumption of innocence and the general rule favoring bail were upheld, emphasizing that detention should not be punitive before a conviction.
Anticipatory bail can be granted when there is lack of evidence supporting the allegations and the petitioner has cooperated in the investigation.
The Court ruled that police must register an FIR for bigamy under Section 494 IPC, confirming that a complainant's allegations necessitate investigation, regardless of her access to evidence.
Criminal Law - Seeking to grant anticipatory bail - Section 438 Cr.P.C. protects the right to life and personal liberty of such persons by providing them with a remedy against frivolous detention. In....
Anticipatory bail can be granted in cases where the allegations are found to be false and there is no need for custodial interrogation. The court should consider the facts of the case and the partici....
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