CRM-M v. STATE OF PUNJAB

Judgment

1. Prayer in the present petition filed under Section 483 of Prayer in the present petition filed under Section 483 of Prayer in the present petition filed under Section 483 of or grant of Bharatiya Nagarik Suraksha Sanhita (for short- ‘BNSS’), is for grant of Bharatiya Nagarik Suraksha Sanhita (for short Bharatiya Nagarik Suraksha Sanhita (for short

regular bail to the petitioner, in case FIR No. regular bail to , under the petitioner, in case FIR No.0054 dated 04.04.2024, under Sections 3 363, 366A IPC, 1860 (Sections 1 Section 137, 96 of BNS 2023) and (Section 18 of P POCSO added later on), registered at Police Station registered at Police Station C City Nawansha aher, District SBS Nagar.

2. The contents of the FIR are reproduced below: reproduced below:- Statement of Inderjeet Singh son of Karamjit Singh Statement of Inderjeet Singh son of Karamjit Singh “Statement of Inderjeet Singh son of Karamjit Singh resident of village Sangowal, police station Mehatpur District resident of village Sangowal, police station Mehatpur District resident of village Sangowal, police station Mehatpur District Jalandhar aged about 45 years old, Mobile No. 7526915213 stated Jalandhar aged about 45 years old, Mobile No. 7526915213 stated that, "I am the resident of the above said address and doing the work that, "I am the resident of the above said address and doing the work that, "I am the resident of the above said address and doing the work of labour. I have 4 children, 3 daughters and 1 son. One of my of labour. I have 4 children, 3 daughters and 1 son. One of my of labour. I have 4 children, 3 daughters and 1 son. One of my daughter namely xxxxx who is the student of 11th class of who is the student of 11th class of who is the student of 11th class of Sangowal, who is about 15-16 Government Senior Secondary School Sangowal, who is about 15 Government Senior Secondary School years old. A few days ago he had left his daughter at the house of his years old. A few days ago he had left his daughter at the house of his years old. A few days ago he had left his daughter at the house of his uncle (Chacha) Jarnail Singh son of Anup Singh resident of village uncle (Chacha) Jarnail Singh son of Anup Singh resident of village uncle (Chacha) Jarnail Singh son of Anup Singh resident of village Barnala Kalan Police station city Nawanshahr District SBS Nagar. Barnala Kalan Police station city Nawanshahr District SBS Nagar. Barnala Kalan Police station city Nawanshahr District SBS Nagar. son of Anup Singh called him and apprised son of Anup Singh called him and apprised His uncle Jarnail Singh son of Anup Singh called him and apprised him that his daughter had gone somewhere without telling anyone him that his daughter had gone somewhere without telling anyone him that his daughter had gone somewhere without telling anyone with Amarjit Singh alias Ambe son of Gurmail Singh resident of with Amarjit Singh alias Ambe son of Gurmail Singh resident of with Amarjit Singh alias Ambe son of Gurmail Singh resident of Bittle Dhoongian, Police Station Mehatpur, District Jalandhar lured Bittle Dhoongian, Police Station Mehatpur, District Jalandhar lured Bittle Dhoongian, Police Station Mehatpur, District Jalandhar lured SWARNJIT SINGH 2026.04.10 16:56 I attest to the accuracy and integrity of this document CRM-M M-18455-2026 (O&M) -2- and enticed his daughter xxx on the pretext of marriage. We xxx on the pretext of marriage. We searched here and there but all in vain. We went to the house of searched here and there but all in vain. We went to the house of searched here and there but all in vain. We went to the house of brother Sabhi Pita and Karma Amarjit Singh alias Ambe where his brother Sabhi Pita and Karma Amarjit Singh alias Ambe where his met them at home but Amarjit Singh alias Ambe was not there. When met them at home but Amarjit Singh alias Ambe was not there. When met them at home but Amarjit Singh alias Ambe was not there. When Amarjit Singh alias Ambe took away my daughter then my gh alias Ambe took away my daughter xxxxxx then my uncle Jarnail Singh seen them going at village Barnala Kalan. My uncle Jarnail Singh seen them going at village Barnala Kalan. My uncle Jarnail Singh seen them going at village Barnala Kalan. My uncle can recognise him when ever he is produced. A legal action be uncle can recognise him when ever he is produced. A legal action be uncle can recognise him when ever he is produced. A legal action be taken against Amarjit Singh alias Ambe. Today I along with my unc taken against Amarjit Singh alias Ambe. Today I along with my uncle taken against Amarjit Singh alias Ambe. Today I along with my unc Jarnail Singh son of Anup Singh resident of village Barnala Kalan, Jarnail Singh son of Anup Singh resident of village Barnala Kalan, Jarnail Singh son of Anup Singh resident of village Barnala Kalan, police station city Nawanshahr District SBS Nagar came there and police station city Nawanshahr District SBS Nagar came there and police station city Nawanshahr District SBS Nagar came there and recorded the statement". Heard and found correct. Sd Inderjeet recorded the statement". Heard and found correct. Sd Inderjeet recorded the statement". Heard and found correct. Sd Inderjeet Singh verified Jarnail Singh”

3. submits that the Learned counsel for the petitioner inter alia submits that the Learned counsel for the petitioner petitioner has been falsely implicated in the present case on the basis of the petitioner has been falsely implicated in the present case on the basis of the petitioner has been falsely implicated in the present case on the basis of the petitioner has been falsely implicated in the present case on the basis of the statement of the father of the prosecutrix. statement of the . It is alleged that the petitioner kidnapped d/enticed away the daughter of t the complainant on the false pret of marriag ge. However, the true factual m matrix is that the prosecutrix had d in fact left h her home on her own free will. S She also did not attribute any ov act to the petitioner. Even otherwise, there is no cogent Even otherwise, there is no cogent evidence, medical l or otherwise on record that points towards the complicity of the petitioner. e, on record that points towards the complicity of the petitioner on record that points towards the complicity of the petitioner Moreover r, even the material witnesses stand examined stand examined before the learn trial Cou Learned counsel submits that the petitioner has already urt. Learned counsel submits that the petitioner has already Learned counsel submits that the petitioner has already undergone an actual custody period of 01 undergone an actual custody period of years, 05 months and 29 days.

4. Per contra, learned State counsel vehemently opposed the learned State counsel has vehemently opposed the submissions made by the learned counsel for the petitioner. She, up submissions made by the learned counsel for the petitioner. submissions made by the learned counsel for the petitioner. instructions from ASI Surinder Kumar state instructions that the petitioner was actively states that the petitioner was actively has filed involved in the commission of the offence. Learned State counsel has filed involved in the commission of the offence. involved in the commission of the offence. en on record. As per custody certificate in Court today and the same is taken on record. As per custody certificate in Court today and the same custody certificate in Court today and the same custody certificate, the petitioner has undergone an actual custody of 01 custody certificate, the petitioner has undergone an actual custody of custody certificate, the petitioner has undergone an actual custody of custody certificate, the petitioner has undergone an actual custody of year, 05 months months and 29 days. Investigation is complete. submitted that . Investigation is complete. It is submitted that SWARNJIT SINGH 2026.04.10 16:56 I attest to the accuracy and integrity of this document there is on ne more criminal case against th he petitioner in which he is on b bail. CRM-M M-18455-2026 (O&M) -3- She also submits that t submits that the charges have been have been framed on 28.02.2025 and of a total of 17 prosecution witnesses, 05 of a total of 5 have been examined while 01 been give en up.

6. Heard the rival submissions made by learned counsel for the Heard the rival submissions made by learned counsel for the Heard the rival submissions made by learned counsel for the parties.

7. Before proceeding, a gainful reference can be made to the Before proceeding, a gainful reference can be made to the Before proceeding, a gainful reference can be made to the observations passed by the Hon'ble Supreme Court in Sanjay Chandra v. observations passed by the Hon'ble Supreme Court in observations passed by the Hon'ble Supreme Court in Sanjay Chandra v.