ARVINDER SINGH v. STATE OF PUNJAB AND ANOTHER

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.82 dated 17.02.2026, under Section 6 69 of BNS, registered at Police Station registered at Police Station Zirakpur, District S SAS Nagar.

2. The contents of the FIR are reproduced below: reproduced below:- “Copy of statement, "statement of daughter of Sh. Copy of statement, "statement of xxx daughter of Sh. e No.2676, Mauli Jagran Complex, Om Prakash, resident of House No.2676, Mauli Jagran Complex, Om Prakash, resident of Hous Chandigarh, aged about 35 years, mobile No.8427908727. Stated Chandigarh, aged about 35 years, mobile No.8427908727. Stated Chandigarh, aged about 35 years, mobile No.8427908727. Stated that I am resident of the above said address and I do private job. I that I am resident of the above said address and I do private job. I that I am resident of the above said address and I do private job. I became acquainted with Arvinder Singh Sekhon son of Baldev Singh, became acquainted with Arvinder Singh Sekhon son of Baldev Singh, became acquainted with Arvinder Singh Sekhon son of Baldev Singh, 5, Maya Garden City, Ghazipur in ower B-5, Maya Garden City, Ghazipur in resident of Flat No.802, Tower B May 2023. Thereafter, our mutual friendship increased. During our May 2023. Thereafter, our mutual friendship increased. During our May 2023. Thereafter, our mutual friendship increased. During our conversation, Arvinder Singh told me that he wants to marry me. conversation, Arvinder Singh told me that he wants to marry me. conversation, Arvinder Singh told me that he wants to marry me. Upon which, I believed Arvinder Singh and we got into a Upon which, I believed Arvinder Singh and we got into a Upon which, I believed Arvinder Singh and we got into a Arvinder Singh told me that I should Arvinder Singh told me that I should relationship. In October 2023, shift to the flat with him, upon which, I shifted to Flat No.802, Maya shift to the flat with him, upon which, I shifted to Flat No.802, Maya shift to the flat with him, upon which, I shifted to Flat No.802, Maya Garden City, Zirakpur with Arvinder Singh. Arvinder Singh's mother Garden City, Zirakpur with Arvinder Singh. Arvinder Singh's mother Garden City, Zirakpur with Arvinder Singh. Arvinder Singh's mother Charanjit Kaur, sister Rimpi Sekho, brother Gurvinder Singh also Charanjit Kaur, sister Rimpi Sekho, brother Gurvinder Singh also Charanjit Kaur, sister Rimpi Sekho, brother Gurvinder Singh also lived in the same flat. When I asked Arvinder Singh to get married, me flat. When I asked Arvinder Singh to get married, me flat. When I asked Arvinder Singh to get married, Arvinder Singh told me that his brother Gurvinder Singh's wedding Arvinder Singh told me that his brother Gurvinder Singh's wedding Arvinder Singh told me that his brother Gurvinder Singh's wedding is on 24th November 2023. After Gurvinder Singh's wedding, we will is on 24th November 2023. After Gurvinder Singh's wedding, we will is on 24th November 2023. After Gurvinder Singh's wedding, we will SWARNJIT SINGH 2026.05.07 18:05 I attest to the accuracy and integrity of this document CRM-M M-24759-2026 (O&M) -2- also get married. Gurvinder Singh got married in November 2023, also get married. Gurvinder Singh got married in November 2023, also get married. Gurvinder Singh got married in November 2023, even thereafter, I asked Arvinder Singh to get married many times, hereafter, I asked Arvinder Singh to get married many times, hereafter, I asked Arvinder Singh to get married many times, married. During this time, Arvinder but Arvinder Singh did not get married. During this time, Arvinder but Arvinder Singh did not get Singh kept having physical relations with me continuously. I asked Singh kept having physical relations with me continuously. I asked Singh kept having physical relations with me continuously. I asked Arvinder Singh to get married again on 09.02.2026. On 13.02.20 Arvinder Singh to get married again on 09.02.2026. On 13.02.2026, Arvinder Singh to get married again on 09.02.2026. On 13.02.20 Arvinder Singh told me that there is dispute in the family because of Arvinder Singh told me that there is dispute in the family because of Arvinder Singh told me that there is dispute in the family because of the reason of relationship of both of us, therefore, we both should the reason of relationship of both of us, therefore, we both should the reason of relationship of both of us, therefore, we both should 2026, Arvinder took me from the shift to somewhere else. On 13.02.-2026, Arvinder took me from the shift to somewhere else. On 13.02. flat and rented a house in Panchsheel Enclave, Zirakpur and left flat and rented a house in Panchsheel Enclave, Zirakpur and left after some time, asking me to come back. Since thereafter, Arvinder after some time, asking me to come back. Since thereafter, Arvinder after some time, asking me to come back. Since thereafter, Arvinder Singh switched off his phone. In the evening, when I went to Flat Singh switched off his phone. In the evening, when I went to Flat Singh switched off his phone. In the evening, when I went to Flat No.802, Tower B, Maya Garden City, Zirakpur, Arvinder Singh's No.802, Tower B, Maya Garden City, Zirakpur, Arvinder Singh's No.802, Tower B, Maya Garden City, Zirakpur, Arvinder Singh's hich, I returned back. mother spoke to me right and wrong. Upon which, I returned back. mother spoke to me right and wrong. Upon w Later I came to know that Arvinder Singh has left me and gone to Later I came to know that Arvinder Singh has left me and gone to Later I came to know that Arvinder Singh has left me and gone to Dubai and will not come back. Arvinder Singh has had physical Dubai and will not come back. Arvinder Singh has had physical Dubai and will not come back. Arvinder Singh has had physical relations with me by promising to marry me. Now, he has refused to relations with me by promising to marry me. Now, he has refused to relations with me by promising to marry me. Now, he has refused to I was disturbed and drank a marry me and has left me. Due to which, I was disturbed and drank a marry me and has left me. Due to which, floor cleaner, thereafter, I was admitted to CHC Dhakoli for floor cleaner, thereafter, I was admitted to CHC Dhakoli for floor cleaner, thereafter, I was admitted to CHC Dhakoli for treatment and from Dhakoli Hospital, I was referred to GMCH 32 treatment and from Dhakoli Hospital, I was referred to GMCH 32 treatment and from Dhakoli Hospital, I was referred to GMCH 32 Chandigarh, where after treatment, I was discharged. Appropriate Chandigarh, where after treatment, I was discharged. Appropriate Chandigarh, where after treatment, I was discharged. Appropriate xxx. legal action may kindly be taken against Arvinder Singh. Sd/- xx legal action may kindly be taken again Attested by Sd/- xxx”

3. Learned counsel for the petitioner inter alia submits that Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on the statem petitioner has been falsely implicated in the present case petitioner has been falsely implicated in the present case made by the complainant. The allegation ns of establishing physical relatio with her on the false pretext of marriage with her on the false pretext of marriage, as have been levelled against petitioner, it is submitted, are patently petitioner sweeping and baseless. The t factual ma atrix is that the petitioner and th he complainant, both being mat and conse enting adults, were in a long standing consensual relationship were in a long standing consensual relationship. . In fact, both h the parties, who were previously previously divorced from their respect partners, h had lived together with the famil ly of the petitioner for a period o of 3 years. Ho owever, relations between the e two had subsequently beco strained, l leading to the registration of the petitioner. e present FIR against the petitioner It is subm mitted that there is no material on n record to establish the allegatio of false p promise of marriage against the petitioner, aged 41 years, who SWARNJIT SINGH 2026.05.07 18:05 I attest to the accuracy and integrity of this document CRM-M M-24759-2026 (O&M) -3- remained in actual custody of 21 days. There is no other case registe against hi im.

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. submissions made by the l , upon earned counsel for the petitioner. She, upon instructions from ASI Labh Singh, state instructions from 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. 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 21 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 days.

5. 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.

6. 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.