The High Court
Case Details
CRM-M-28766-2024 1 IN THE HIGH COURT OF PUNJA IN TH AT CHANDIGAR UNJAB AND HARYANA IGARH 210 Amritpal S itpal Singh State of Pu of Punjab Criminal Misc. N Date of decision cision :-08.01.2025 isc. No. M-28766 of 2024 Versus …..Petitioner …..Respondent CORAM: AM:- HON'BLE MS. JUSTICE NI E NIDHI GUPTA Present:- Mr. Balkaran Singh Aulakh, A akh, Advocate for the petitioner.
Legal Reasoning
Mr. Malkit Singh Dhillon, DA n, DAG, Punjab. NIDHI GU HI GUPTA J. (Oral) Prayer in this second petitio petition filed under Section 439 Cr.P.C. is f is for grant of regular bail to the pe the petitioner during pendency of the trial in rial in case FIR No.05 dated 12.1.20 12.1.2022 (Annexure P-1) under Sections 3 ons 346, 363, 366-A, 120-B and 3 and 376 IPC and Section 6 of POCSO A SO Act, 2012, registered at Police olice Station City, Sri Muktsar Sahib, Dist b, District Sri Muktsar Sahib. The present FIR has been r been registered on the basis of statement m ment made by the father of the alleg e alleged victim, which reads as - follows :- VIJAY ASIJA 2025.01.08 16.12 I attest to the accuracy and integrity of this document “….Sir it is requested ted that I Sukhjit Singh son of Balvir Singh resident of nt of Gandhi Nagar Gali No.04 SMS I have two child hildren elder daughter Gxxxx whose age is about 17 t 17 years 6 months. Today at about 2.30 PM she left left home. She had taken about CRM-M-28766-2024 2 Rs.20000/- and a a mobile in which sim no.9592512917 and 98 d 9855318161 is activated. We traced her in our relat ations but she did not trace. Kindly help us in traci tracing our daughter. We shall be very thankful to you you.” Learned counsel for the peti e petitioner, inter alia, submits that the vi the victim in the present case is 17 is 17-½ years old; whereas the petitioner i ioner is 20 years old. It is submitt ubmitted that in actual fact, the petitioner a ioner and the victim were in love a love affair and in a consensual physical re ical relationship. Learned counsel subm el submits that the petitioner is in custody for dy for the last almost three years and rs and accordingly prays for grant of regular b gular bail to him. Notice of motion. On asking of the Court, Mr. Mr. Malkit Singh Dhillon, DAG, Punjab acc accepts notice on behalf of respon respondent-State and opposes the prayer mad er made on behalf of petitioner and su and submits that the victim in the present cas nt case is a minor girl being 17-½ ye ½ years of age. It is submitted that she h she had gone missing on 11.1.20 .1.2022 and was recovered on 17.1.2022 f .2022 from the custody of the petitione titioner, whereafter the petitioner was arreste arrested. It is pointed out that the vic the victim in her statement under Section 16 on 164 Cr.P.C. as also in her testimo testimony as PW3 has supported the prosecu rosecution case. Even the complain mplainant/father of the victim as PW1 and m and mother of the victim as PW2 hav 2 have supported the prosecution case. Fu . Furthermore, as per para 5 of 5 of the Status Report dated 02.10.2024 0.2024 filed by way of affidavit of S t of Satnam Singh, PPS, Deputy Superintend rintendent of Police, Sub Division vision Sri Muktsar Sahib, it is recorded th rded that on 17.1.2022 upon recovery, overy, the victim was brought to VIJAY ASIJA 2025.01.08 16.12 I attest to the accuracy and integrity of this document CRM-M-28766-2024 3 the Civil H ivil Hospital, Sri Muktsar Sahib for h for her medical examination but she did no did not give her consent for medica edical check-up. However, on 19.1.2022 .2022 her slid and swab samples w ples were taken for DNA test. Thereafter, eafter, on 20.1.2022, the petitioner wa ner was also brought to the Civil Hospital, S ital, Sri Muktsar Sahib for his medica medical examination, from where his DNA DNA samples were taken. As pe As per the DNA Report dated 31.1.2023 .2023 no human semen was detected etected on vaginal swabs of the victim/pros m/prosecutrix. Learned State counse counsel has filed the Custody Certificate ficate dated 07.1.2025 in Court. The The same is taken on record. Copy there thereof is supplied to the counsel opp sel opposite. As per the Custody Certificate, ficate, the petitioner has undergone rgone the actual custody of 02 years, 11 m , 11 months and 21 days as undertrial. ertrial. Learned State counsel, on instructions uctions, further informs that out of tota of total 23 prosecution witnesses, 08 witness itnesses have been examined and 1 and 15 witnesses are yet to be examined; ined; and the next date fixed before before the learned trial Court is stated to be d to be 30.1.2025. Learned State cou te counsel, however, admits that as per the er the custody certificate filed, the pe the petitioner is not involved in any other c ther case. Having heard learned counsel ounsel for the parties, but without commentin enting on merits of the case, how , however, keeping in view the totality of ity of the facts and circumstances of ces of the case including: a) the custody per dy period of 02 years, 11 months and hs and 21 days undergone by the petitioner a ioner as an undertrial; b) no other c ther case is pending against the petitioner a ioner as evident from the custody cert y certificate placed on record; c) material wi rial witnesses i.e. the victim/prosecutr secutrix, her father (complainant) and her mo her mother have already been exami examined; and d) out of total 23 VIJAY ASIJA 2025.01.08 16.12 I attest to the accuracy and integrity of this document CRM-M-28766-2024 4 witnesses, esses, 08 witnesses have been exam examined so far, therefore, the conclusion lusion of trial will take considerable t rable time and no useful purpose would be se d be served by further detention of the of the petitioner. Thus, the present petition is n is allowed. The petitioner-Amritpal Sing l Singh s/o Sukhdev Singh, is ordered to red to be released on regular bail on ail on his furnishing bail/surety s bonds to to the satisfaction of the the trial Court/Chief Judicial tr Magistrate/ istrate/Duty Magistrate, concerned. Ho ed. However, it is made clear that nothing sta ing stated above shall be construed as a ed as an expression of opinion on the merits o erits of the case. Pending application, if any, sta
Decision
ny, stands disposed of. ary 08, 2025 January 0 Vijay Asija Whether spea Whether Repo r speaking/reasoned Yes / No r Reportable Yes / No ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.01.08 16.12 I attest to the accuracy and integrity of this document