CRM-M v. STATE OF PUNJAB

Ms. Aakanksha Gupta, AAG, Punjab. Aakanksha Gupta, AAG, Punjab. **** KIRTI SINGH, J. (ORAL) KIRTI SINGH

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.111 dated 07.05.2025, under Section 6 of the POCSO Act, 137(2), 87, 65(1), 127(3) of BNS and Section 6 of the POCSO Act 137(2), 87, 65(1), 127(3) of BNS and Sections 137(2), 87, 65(1), 127(3) of BNS and registered at Police Station Islamabad, Amritsar City registered at Police Station Amritsar City, District Amritsar.

2. The contents of the FIR are reproduced below: reproduced below:- "Statement of Malkiat Singh son of Bachana Singh "Statement of Malkiat Singh son of Bachana Singh “"Statement of Malkiat Singh son of Bachana Singh ny, Kot Khalsa, Amritsar resident of House No. 265, Gali No.9, Indira Colony, Kot Khalsa, Amritsar resident of House No. 265, Gali No.9, Indira Colo aged about 42 years, Mobile No. 62846 . It is stated that I am resident aged about 42 years, Mobile No. 62846 xxxx. It is stated that I am resident of the above address and I am working as a Raj Mistri. My marriage took of the above address and I am working as a Raj Mistri. My marriage took of the above address and I am working as a Raj Mistri. My marriage took daughter of Rashpal Singh, resident xxxx daughter of Rashpal Singh, resident place about 18 years ago with xxxx Gurdaspur and out of of Batala, District the wedlock three children were d out of of Batala, District the wedlock three children were d out of of Batala, District the wedlock three children were born, out of which my eldest daughter is , whose date of birth is born, out of which my eldest daughter is xxxx, whose date of birth is 09.06.2009 and is aged about 15 years and 11 months, younger to her is 09.06.2009 and is aged about 15 years and 11 months, younger to her is 09.06.2009 and is aged about 15 years and 11 months, younger to her is my son Sahil Singh aged about 14 years and my youngest my son Sahil Singh aged about 14 years and my youngest daughter xxxxx is aged about 10 years. on a.m. in the 05.05.2025 at about 9.00 morning is aged about 10 years. on a.m. in the 05.05.2025 at about 9.00 morning is aged about 10 years. on a.m. in the 05.05.2025 at about 9.00 morning like every day I went for my work and my son Sahil and younger daughter like every day I went for my work and my son Sahil and younger daughter like every day I went for my work and my son Sahil and younger daughter had gone to School and my wife xxxx and my elder daughter xxxx xxxx had gone to School and my wife were at home. My wife xxxx at about 12.00 p.m. in the afternoon, went to t about 12.00 p.m. in the afternoon, went to t about 12.00 p.m. in the afternoon, went to the bathroom have bath and in the meantime my daughter xxxxx without without the bathroom have bath and in the meantime my daughter xxxxxxx informing and asking went away from the house and when my wife xxxxxxx informing and asking went away from the house and when my wife came out bathroom, she saw that was not at the house and she made came out bathroom, she saw that xxx was not at the house and she made inquiries regarding the girl near the house but could not find her and inquiries regarding the girl near the house but could not find her and inquiries regarding the girl near the house but could not find her and afterwards, my wife telephoned me that xxxxx could not be found and after could not be found and after afterwards, my wife telephoned me that at my own level but could hearing this I returned home and searched xxxxx at my own level but could hearing this I returned home and searched SWARNJIT SINGH 2026.05.14 09:44 I attest to the accuracy and integrity of this document CRM-M M-25942-2026(O&M) -2- not find her, my and my family at our own level searched for the girl t find her, my and my family at our own level searched for the girl xxxx but could not find her. I have suspicion on Ajay son of Nikka resident of but could not find her. I have suspicion on Ajay son of Nikka resident of but could not find her. I have suspicion on Ajay son of Nikka resident of Gali No.9, Indira Colony, Kot Khalsa Amritsar and I am sure that he has Gali No.9, Indira Colony, Kot Khalsa Amritsar and I am sure that he has Gali No.9, Indira Colony, Kot Khalsa Amritsar and I am sure that he has her with an intention to marry. I and eloped her with an intention to marry. I enticed my daughter xxxxx and eloped have got statement recorded. Legal Singh action be aforesaid. my taken. have got statement recorded. Legal Singh action be aforesaid. my taken. have got statement recorded. Legal Singh action be aforesaid. my taken. LTI Malkiat Singh aforesaid”

3. Learned counsel for the petitioner submits that the petitioner, Learned counsel for the petitioner submits that the petitioner, Learned counsel for the petitioner submits that the petitioner, d in the present FIR, aged about 25 years, has been falsely implicated in the present FIR, aged about 25 years, has been falsely implicate now aged about 25 years, has been falsely implicate . It is which was registered on the statement of the father of the prosecutrix. It is which was registered on the statement of the which was registered on the statement of the submitted that the allegation of enticing away submitted that the allegatio n of enticing away the prosecutrix on the false pretext of marriage, and even that of sexual assault pretext of marriage , remain unfounded , and even that of sexual assault, remain unfounded against the petitioner he petitioner. Moreover, even the material witnesses . Moreover, even the material witnesses i.e. i.e. the prosecutrix and her parents, who stand examined prosecutrix and her parents before the learned Trial who stand examined before the learned Trial and have turned have not supported the case of the prosecution and have turned have not supported the case of the prosecution Court, have not supported the case of the prosecution Reliance in this regard is placed on copies of the respective hostile. Reliance in this regard is placed on copies of the respective Reliance in this regard is placed on copies of the respective Reliance in this regard is placed on copies of the respective testimonies annexed as Annexure P-2 to P testimonies annexed as Annexure P even the 2 to P-4. It is submitted that even the petitioner age of the prosecutrix is a disputed question of fact. Moreover, the petitioner age of the prosecutrix is a disputed question of fact. age of the prosecutrix is a disputed question of fact. has already undergone an actual custody of has already undergone an actual custody . There is of 10 months and 10 days. There is no other case registered against him. no other case registered against him

4. Per contra, learned State counsel vehemently opposed the learned State counsel has vehemently opposed the , upon submissions made by the learned counsel for the petitioner. She, upon submissions made by the learned counsel for the petitioner. submissions made by the learned counsel for the petitioner. instructions from ASI Bhagwinder Singh instructions that the petitioner was from ASI Bhagwinder Singh, states that the petitioner was Learned State counsel actively involved in the commission of the offence. Learned State counsel actively involved in the commission of the offence. actively involved in the commission of the offence. taken on record. has filed custody certificate in Court today and the same is taken on record. has filed custody certificate in Court today and the same has filed custody certificate in Court today and the same As per custody certificate, the petitioner has undergone an actual custody of As per custody certificate, the petitioner has undergone an actual custody of As per custody certificate, the petitioner has undergone an actual custody of As per custody certificate, the petitioner has undergone an actual custody of 10 months and months and 10 days. Investigation is complete. . Investigation is complete. She also submits that t submits that the SWARNJIT SINGH 2026.05.14 09:44 I attest to the accuracy and integrity of this document charges have been have been framed on 26.11.2025 prosecution and out of a total of 22 prosecution CRM-M M-25942-2026(O&M) -3- witnesses, 07 have been examined. witnesses,

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.