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(2021) Law Today Live Doc. Id. 15811
Decided on: 11.01.2021
Present:
Mr. Inderjit Sharma, Advocate for the petitioner.
Mr. Dhruv Dayal, Senior DAG, Punjab.
Indian Penal Code, 1860 (45 of 1860), Sections 363, 366A – Code of Criminal Procedure, 1973 (2 of 1974), Section 164, 438 -- Kidnapping case -- Anticipatory bail – Prosecutrix in her statement to the Judicial Magistrate had stated that she had gone on her own and no physical harm was caused to her by the petitioner – On ad-interim bail, petitioner joined the investigation and not required for custodial interrogation – Order granting interim bail made absolute.
(Para 2-6)
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ANUPINDER SINGH GREWAL, J. (ORAL) –
1. Heard through video conferencing.
2. The petitioner is seeking anticipatory bail in FIR No. 0230 dated 26.10.2020, under Sections 363 and 366A of the Indian Penal Code, 1860, registered at Police Station Sadar Bathinda, District Bathinda.
3. Learned counsel for the petitioner contends that it is alleged in the FIR that the petitioner had enticed away the prosecutrix on the pretext of marriage. He, however, contends that the prosecutrix in her statement to the Judicial Magistrate recorded on 03.11.2020 had stated that she had gone on her own and no physical harm was caused to her by the petitioner.
4. This Court, by the order dated 03.12.2020, had directed the petitioner to appear before the Investigating Officer and join the investigation and in the event of his arrest, he was ordered to be released on ad-interim bail to the satisfaction of the Investigating/Arresting Officer, subject to the conditions envisaged under Section 438(2) Cr.P.C.
5. Learned State counsel, upon instructions from ASI Nachattar Singh, states that the petitioner has joined investigation and is not required for custodial interrogation.
6. In view of the above and the petitioner having joined investigation, the order dated 03.12.2020 granting interim bail to the petitioner is made absolute.
7. However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join investigation as and when called upon to do so.
8. The petition stands disposed of.
Petition allowed.
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