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HC: Granted bail to the minor accused of taking a minor girl with the intention of marrying her

 Let the rule of law prevail, not the law of 'rulers'!

The single judge bench of Justice Rajesh Bhardwaj of the Punjab and Haryana High court in the case of Akshay Kumar Vs state of Haryana granted bail to the minor boy who was accused of taking a minor girl with the intention of marrying her.

BRIEF FACTS

The factual matrix of the case is that the father of the victim lodged the FIR that her daughter is missing and the accused took his daughter with the intention of marrying her. After that, the father of the victim girl requested to trace out his minor daughter and take necessary action against the culprits.

The present petition is the result of the fact that the petitioner was refused bail by the additional session judge, Sonipat.

The learned counsel appearing on behalf of the petitioner contended that the petitioner, a 17-year-old, was in a consensual relationship with the victim when they went together of their own free will. The petitioner did not force the victim to accompany him by using any kind of pressure or threats. However, the victim's family was opposed to their relationship. Even, the FIR was lodged after a delay of 7 days. The counsel further contended that it is under the pressure of the family members, the alleged victim has been compelled to depose against the innocent petitioner.


The learned counsel appearing on behalf of the complainant opposed all the contentions made by the counsel for the petitioner and further contended that the victim is minor and her consent has no value in the eyes of law.

COURT’S OBSERVATION

After considering all the facts and circumstances of the case, the hon’ble court is of the view that no useful purpose will be served by keeping the petitioner in the custody for such a long time. Therefore, the court directed to release of the petitioner on bail.


CASE NAME- Akshay Kumar Vs state of Haryana

CITATION-CRM-M-21610-2022
DATED- 10.08.2022

CORUM- Justice Rajesh Bhardwaj


Read Judgment ;


 

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