JASWINDER JASSI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 98, dated 16.09.2020, under Sections 9, 10 of the Children Marriage Prohibition Act, 2006 and Section 376 IPC, registered at Police Station Daba Ludhiana.

(2.) Learned counsel for the petitioner submits that a perusal of the FIR in question reveals that the only allegation levelled against the petitioner is that she forcibly solemnized the marriage of the prosecutrix with one Paramjit. It has been submitted that the FIR in question has been got registered by the mother of the prosecutrix on account of her strained relations with her husband, who happens to be the real brother of the petitioner. It has been further submitted that the petitioner has been in custody for almost 10 months and there is no likelihood of the trial concluding anytime in the near future, as only challan has been presented till date.

(3.) Per contra, learned State counsel while opposing the prayer and submissions made by learned counsel for the petitioner, has submitted that in the statement of the prosecutrix recorded under Section 164 Cr.P.C., she has stated that the brother of the petitioner i.e. her father had sold the prosecutrix for a sum of Rs. 2.00 lakhs to one Paramjit. Learned State counsel has further submitted that prima facie it seems that the petitioner was an active participant in the crime in question. He has also submitted that the petitioner is involved in another criminal case registered under Section 376 IPC.