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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SANDEEP MOUDGIL
Davinder Singh – Appellant
Versus
State of Punjab – Respondent
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 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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