12.08.2025 Anmol Singh @ Tinda Anmol Singh @ Tinda … v. CORAM
Case Details
CRM-M-3208 3208-2025 (O&M) 1 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH (205) CRM-M-3208-2025 (O&M) (O&M) 5 Date of Decision:-12.08.2025 Anmol Singh @ Tinda Anmol Singh @ Tinda ……Petitioner ……Petitioner ……Respondents s State of Punjab Punjab and Anr. Versus CORAM:
Legal Reasoning
ALOK JAIN HON’BLE MR. JUSTICE ALOK JAIN **** Present: Advocate Mr. Sparsh Chhibber, Advocate for the petitioner. Mr. Sahil Chowdhary, AAG, Punjab. Mr. Sahil Chowdhary, AAG, Punjab **** ALOK JAIN, J. ALOK JAIN, CRM-5301 -2025 Application is allowed as prayed for. Application is allowed as prayed for. 9 is taken on record. Annexures P-9 is taken on record. CRM-M-3208 3208-2025 1. The present petition has been filed for grant has been filed inter alia praying for grant of regular bail bail to the petitioner in case FIR No under in case FIR No.190 dated 11.10.2023, under Sections 452, 376 452, 376 and 511 of IPC and Section registered and Section 8 of POCSO Act registered at Police Station City-1, Sangrur. at Police Station 2. Learned counsel for the petitioner submits that the entire Learned counsel for the petitioner submits that the entire Learned counsel for the petitioner submits that the entire led in the FIR are false and fabricated, and in fact, the allegations levelled in the FIR are false and fabricated, and in fact, the led in the FIR are false and fabricated, and in fact, the allegations leve due to his antecedents. Counsel further petitioner has been implicated only due to his antecedents. Counsel further due to his antecedents. Counsel further petitioner has been implicated MANJU 2025.08.12 17:50 I agree to specified portions of this document CRM-M-3208 3208-2025 (O&M) 2 2 submits that the alleged incident never occurred, and the prosecutrix and submits that the alleged incident never occurred, and the prosecutrix and submits that the alleged incident never occurred, and the prosecutrix and submits that the alleged incident never occurred, and the prosecutrix and the complainant have repeatedly changed their statements. the complainant have repeatedly changed their statements. the complainant have repeatedly changed their statements. 3. Vide order dated 30.07.2025, this Court had directed the Vide order dated 30.07.2025, this Court had directed the Vide order dated 30.07.2025, this Court had directed the to file the FSL report, which has been duly placed on learned State counsel to file the FSL report, which has been duly placed on to file the FSL report, which has been duly placed on learned State counsel record along with the status report filed by way of affidavit of Sh. Ranbir record along with the status report filed by way of affidavit of Sh. Ranbir record along with the status report filed by way of affidavit of Sh. Ranbir record along with the status report filed by way of affidavit of Sh. Ranbir Division, Sangrur, on Singh, PPS, Deputy Superintendent of Police, Sub-Division, Sangrur, on Singh, PPS, Deputy Superintendent of Police, Sub Singh, PPS, Deputy Superintendent of Police, Sub behalf of respondent No.4–State, which is taken on rec behalf of respondent No.4 State, which is taken on record. 4. earned counsel for the petitioner has also relied upon the Learned counsel for the petitioner has also relied upon the earned counsel for the petitioner has also relied upon the 6/ASI Sukhpal Singh, in which it is specifically recorded testimony of PW-6/ASI Sukhpal Singh, in which it is specifically recorded 6/ASI Sukhpal Singh, in which it is specifically recorded testimony of PW Kaur it is correct that it is recorded in the statement of Sharanjit Kaur it is correct that it is recorded in the statement of S that “it is correct that it is recorded in the statement of S that nothing happened with her daughter that nothing happened with was daughter/victim and their honour was saved.” 5. A perusal of the FSL report also concludes that human semen A perusal of the FSL report also concludes that human semen A perusal of the FSL report also concludes that human semen and male DNA were not detected. and male DNA were not detected. 6. Learned State counsel has also filed the custody certificate, Learned State counsel has also filed the custody certificate, Learned State counsel has also filed the custody certificate, ficate, the petitioner has which is taken on record. According to the certificate, the petitioner has which is taken on record. According to the certi which is taken on record. According to the certi been in custody for the last 01 year and 9 months. been in custody for the last As per the custody 1 year and 9 months. As per the custody certificate, one more case bearing FIR No. 249 dated 15.11.2022 has been certificate, one more case bearing FIR No. 249 dated 15.11.2022 has been certificate, one more case bearing FIR No. 249 dated 15.11.2022 has been certificate, one more case bearing FIR No. 249 dated 15.11.2022 has been registered against the petitioner. However, counsel for the petitioner has registered against the petitioner. However, counsel for the petitioner has registered against the petitioner. However, counsel for the petitioner has registered against the petitioner. However, counsel for the petitioner has placed on record a copy of the judgment dated 17.12.2024 placed on record a copy of the judgment passed in FIR dated 17.12.2024 passed in FIR 1.2022, in which the petitioner has been acquitted. No. 249 dated 15.11.2022, in which the petitioner has been acquitted. No. 249 dated 15.1 7. Considering all the above, and the fact that the testimony of Considering all the above, and the fact that the testimony of Considering all the above, and the fact that the testimony of already been placed on record and the medical all material witnesses has already been placed on record and the medical already been placed on record and the medical all material witnesses has r would hinder report is also available, further incarceration of the petitioner would hinder report is also available, further incarceration of the petitione report is also available, further incarceration of the petitione MANJU 2025.08.12 17:50 I agree to specified portions of this document CRM-M-3208 3208-2025 (O&M) 3 3 his ability to prepare an effective defenc e. There is no flight risk or threat to y to prepare an effective defence. There is no flight risk or threat to e. There is no flight risk or threat to the trial, much less any pressure or coercive influence on the witnesses, as the trial, much less any pressure or coercive influence on the witnesses, as the trial, much less any pressure or coercive influence on the witnesses, as the trial, much less any pressure or coercive influence on the witnesses, as the material witnesses have already been examined. Since the trial is likely the material witnesses have already been examined. Since the trial is likely the material witnesses have already been examined. Since the trial is likely the material witnesses have already been examined. Since the trial is likely ke some time, no useful purpose would be served by keeping the to take some time, no useful purpose would be served by keeping the ke some time, no useful purpose would be served by keeping the ke some time, no useful purpose would be served by keeping the petitioner in custody. Hence, the petitioner is entitled to the concession of petitioner in custody. Hence, the petitioner is entitled to the concession of petitioner in custody. Hence, the petitioner is entitled to the concession of petitioner in custody. Hence, the petitioner is entitled to the concession of regular bail. regular bail. 8. ithout commenting upon the merits of the case, the present Without commenting upon the merits of the case, the present ithout commenting upon the merits of the case, the present if not petition is allowed and the petitioner is ordered to be released on bail if not petition is allowed and the petitioner is ordered to be released on bail petition is allowed and the petitioner is ordered to be released on bail required in any other case by furnishing bail bonds and required in any other case to the furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate satisfaction of the trial Court/Duty Magi , concerned. He shall, strate/CJM, concerned. He shall, however, be released on the following conditions: however, be released on the following conditions however, be released on the following conditions i. The petitioner shall declare his ordinary place of residence and The petitioner shall declare his ordinary place of residence and The petitioner shall declare his ordinary place of residence and the mobile number used by him. the mobile number used by him. ii. The petitioner will not switch off his mobile and in case of any The petitioner will not switch off his mobile and in case of any The petitioner will not switch off his mobile and in case of any itch, he has to give an alternate number, which will technical glitch, he has to give an alternate number, which will itch, he has to give an alternate number, which will be available in his absence. iii. The petitioner will not leave the country without the prior The petitioner will not leave the country without the prior The petitioner will not leave the country without the prior permission of the Court, for which he will submit the copy of permission of the Court, for which he will submit the copy of permission of the Court, for which he will submit the copy of oes not his passport also. However, in case the petitioner does not his passport also. However, in case the petitioner d possess a passport, then he shall file an undertaking to the said possess a passport, then he shall file an undertaking to the said possess a passport, then he shall file an undertaking to the said effect before being released. The petitioner shall abide by the terms and conditions as The petitioner shall abide by the terms and conditions as The petitioner shall abide by the terms and conditions as imposed in addition to Section 483 of BNSS, 2023 imposed in addition to Section BNSS, 2023. MANJU 2025.08.12 17:50 I agree to specified portions of this document CRM-M-3208 3208-2025 (O&M) 4 4 9. It is further made clear that, in case, the petitioner is found made clear that, in case, the petitioner is found involved in any such activity once again, the State is at liberty to promptly involved in any such activity once again, the State is at liberty to promptly involved in any such activity once again, the State is at liberty to promptly involved in any such activity once again, the State is at liberty to promptly move an appropriate application for cancellation of bail detailing out the move an appropriate application for cancellation of bail detailing out the move an appropriate application for cancellation of bail detailing out the move an appropriate application for cancellation of bail detailing out the circumstances and violation of conditions of bail. circumstances and violation of conditions of bail circumstances and violation of conditions of bail 10. stated above shall be construed as a final However, nothing stated above shall be construed as a final stated above shall be construed as a final expression of opinion on the merits of the case. expression of opinion on the merits of the case. expression of opinion on the merits of the case. 11. made clear that this order shall not be construed as It is further made clear that this order shall not be construed as made clear that this order shall not be construed as parity qua any other co any other co-accused. (ALOK JAIN) JUDGE August 12, 202 manju , 2025 Whether speaking/reasoned:- Whether speaking/reasoned: Whether Reportable:- Yes/No Yes/No MANJU 2025.08.12 17:50 I agree to specified portions of this document