201-1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-22256-2025 Date of Decision:-28.08.2025 VIJAY ....Petitioner Vs.

STATE OF HARYANA ...Respondent CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Shubham Rana, Advocate for the petitioner.

Mr. Viney Saini, AAG, Haryana.

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AMARJOT BHATTI, J. (Oral)

1. Petitioner has filed instant petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in FIR No.400 dated 12.11.2024 (Annexure P-1) under Sections 9, 10, 11 of Child Marriage Prohibition Act, 2006 and Section 6 of POCSO Act registered at Police Station Ambala City.

2. As per facts of case, present FIR has been registered on the written complaint received from Child Marriage Prohibition Officer, Special Cell Women Police Station Ambala. It is alleged that on 10.09.2024 at night time, information was received that marriage of minor girl ‘K’ was solemnized with Vijay Kumar and now the minor girl was admitted in the Civil Hospital Ambala City for the birth of her child. Family was called in the police station but they did not appear. It was found that minor girl was shifted to another Hospital in District Yamuna Nagar. In fact in the year 2016-2017 the minor girl was studying in 6^th class. Her date of birth is 08.04.2007. She was minor when her marriage was performed with Vijay Kumar who was also minor. It is alleged that both the girl and the boy liked each other and finally their marriage was performed on 20.06.2023. Family members who attended the wedding were arrayed as accused. Present petitioner Vijay is main accused whose marriage was performed with child victim.

3. Learned counsel for the petitioner argued that Vijay Kumar was arrested on 15.11.2024. Till date, he is behind the bars. During investigation, statement of the victim was recorded under Section 164 Cr.P.C (Annexure P-4) where she had fully supported the version of present petitioner. At present, victim has attained majority and her statement is already recorded before the Court as PW1 (Annexure P-4). Petitioner is ready to abide by the terms of bail order. Therefore, his regular bail petition may be allowed.

4. Bail petition is opposed by learned counsel representing State. It is pointed out that there are specific serious allegations against petitioner. He was arrested on 15.11.2024 and is facing the trial. Challan was presented on 10.02.2025. Charges were framed on 27.02.2025 and now prosecution evidence is being recorded. Statement of victim recorded in the Court is Annexure P-4. It is made clear that present petitioner is not involved in any other case and his custody certificate is Annexure R-5.

5. I have considered the arguments and have gone through the record. Statement of victim is recorded as PW1 who is now mother of girl child. Present petitioner is the father of the said child. Girl child was born on 12.09.2024 and her date of birth certificate is also annexed as Annexure P- 6. Alleged victim has not levelled any allegations against the present petitioner except the fact that at the time of marriage she was minor. Evidence recorded before the trial Court will be appreciated at appropriate stage. No purpose would be served by keeping him behind the bars. Therefore, regular bail petition filed by the petitioner is allowed and he is ordered to be released on bail on furnishing bail bonds and surety bonds to the satisfaction of trial Court/Duty Judge, concerned.

6. Pending miscellaneous application(s), if any, stand disposed of accordingly as well.

(AMARJOT BHATTI)

JUDGE

28.08.2025 snd