SHUBHAM ALIAS S v. STATE OF PUNJAB & Ors.

recorded before the Trial Court are 8 subject to all just exceptions. taken on record as Annexure P-7 and P-8 subject to all just exceptions. taken on record as Annexure P MAIN CASE

1. The jurisdiction of this Court under Section 483 of BNSS, 2023 has The jurisdiction of this Court under Section 483 of BNSS, 2023 has The jurisdiction of this Court under Section 483 of BNSS, 2023 has The jurisdiction of this Court under Section 483 of BNSS, 2023 has been invoked for grant of regular bail to the petitioner in case FIR No.238 dated been invoked for grant of regular bail to the petitioner in case FIR No. been invoked for grant of regular bail to the petitioner in case FIR No. SWARNJIT SINGH 2026.03.10 18:56 I attest to the accuracy and integrity of this document -1- CRM-M-53347-2025 2025 (O&M)

17.06.2025 under Sections under Sections 137(2) and 87 of BNS, 2023 registered at Police of BNS, 2023 registered at Police Station City Kharar City Kharar District S.A.S. Nagar.

2. The translated version of the FIR is reproduced below:- The translated version of the FIR is reproduced below: The translated version of the FIR is reproduced below: “Copy of Statement, Wife of Gurjeet Singh S/o Copy of Statement, xxxxxx Wife of Gurjeet Singh S/o Jaswinder Singh R/o Ward No.6 Kurali near Petrol Pump, Police Jaswinder Singh R/o Ward No.6 Kurali near Petrol Pump, Police Jaswinder Singh R/o Ward No.6 Kurali near Petrol Pump, Police Station City Kurali district SAS Nagar aged around 35 years Station City Kurali district SAS Nagar aged around 35 years Station City Kurali district SAS Nagar aged around 35 years abovementioned stated that she is residence of abovementioned Mobile no.98771 xxx stated that address and she is a housewife. I Gurjeet Singh s/o housewife. I xxxxx wife of Gurjeet Singh s/ Jaswinder Singh r/o Ward No.6 Kurali, Distt. SAS Nagar and I was Jaswinder Singh r/o Ward No.6 Kurali, Distt. SAS Nagar and I was Jaswinder Singh r/o Ward No.6 Kurali, Distt. SAS Nagar and I was earlier married Jarnail Singh S/o Joginder Singh R/o Village earlier married Jarnail Singh S/o Joginder Singh R/o Village earlier married Jarnail Singh S/o Joginder Singh R/o Village Bodupur distt. Fatehgarh Sahib in year 2004 and out of that tehgarh Sahib in year 2004 and out of that tehgarh Sahib in year 2004 and out of that aged around 20 wedlock I have two daughters elder one is xxxxx aged around 20 wedlock I have two daughters elder one is who is aged around 17 years. In xxxxxx who is aged around 17 years. In years and younger one is xxxxxx year 2014, I got divorce from Jarnail Singh and after that in the year 2014, I got divorce from Jarnail Singh and after that in the year 2014, I got divorce from Jarnail Singh and after that in the same year I got married to Gurjeet Singh S/o Jaswinder Singh R/o year I got married to Gurjeet Singh S/o Jaswinder Singh R/o year I got married to Gurjeet Singh S/o Jaswinder Singh R/o wedlock I have ward No.6 Kurali distt. SAS Nagar and out of this wedlock I have ward No.6 Kurali distt. SAS Nagar and out of this one son named Jaspreet Singh aged around 10 years. My daughter one son named Jaspreet Singh aged around 10 years. My daughter one son named Jaspreet Singh aged around 10 years. My daughter used to work at Clothes showroom brand Madamme at used to work at Clothes showroom brand Madamme xxxxxx used to work at Clothes showroom brand Madamme Khanpur, Kharar and on dated 09.02.2025 she Amayra City centre, Khanpur, Kharar er her daily routine left the house at around 9:00 am in the as per her daily routine left the house at around 9:00 am in the er her daily routine left the house at around 9:00 am in the morning and she used to return back by 8:30/8:45 p.m., but on that , but on that morning and she used to return back by 8:30/8:45 and her phone was also not available and vailable and day she did not return and her phone was also Amayra city centre Madamme showroom at Amayra city centre after that we went to Madamme showroom but they stated that your ur, Kharar at around 9:30 p.m. but they stated that your Khanpur, Kharar at around 9:30 p daughter had left the showroom at around 8:00 p and we don't daughter had left the showroom at around 8:00 p.m. and we don't know anything about her. That after that on 10.02.2025 we gave an know anything about her. That after that on 10.02.2025 we gave an know anything about her. That after that on 10.02.2025 we gave an application to Police station City kharar and that was marked to SI application to Police station City kharar and that was marked to SI application to Police station City kharar and that was marked to SI Balwinder Singh and till today we know nothing about our nder Singh and till today we know nothing about our nder Singh and till today we know nothing about our daughter. That today we came to know at our own that daughter. That today we came to know at our own that o daughter has been kept by one Shubham who used to work at daughter has been kept by one Shubham who used to work at daughter has been kept by one Shubham who used to work at Skechers showroom at Amayra city centre, Khanpur, Kharar. So, Skechers showroom at Amayra city centre, Khanpur, Kharar. So, Skechers showroom at Amayra city centre, Khanpur, Kharar. So, my daughter should be searc appropriate legal action my daughter should be searched and appropriate legal action should be taken against Shubham. I have given my statement in should be taken against Shubham. I have given my statement in should be taken against Shubham. I have given my statement in tood it, found it x and heard it understood it, found it presence of my daughter xxxxx to be correct. Sd/- xxxxxxx attested by sd/ attested by sd/- xxxxx 76966 xxxxx verified by sd/ ASI Daljit Singh P.S. City Kharar dated verified by sd/ ASI Daljit Singh P.S. City Kharar dated verified by sd/ ASI Daljit Singh P.S. City Kharar dated 17.06.2025..”

3. submits that the Learned counsel for the petitioner inter alia submits that the Learned counsel for the petitioner Learned counsel for the petitioner petitioner, who is 25 years old, was well acquainted petitioner, who is 25 years old, well acquainted with the prosecutrix, who admittedly well well over 17 years of age at the time of the alleged occurrence at the time of the alleged occurrence, h been falsely implicated implicated in this case. It is being that the victim in her being stated that the victim in her SWARNJIT SINGH 2026.03.10 18:56 I attest to the accuracy and integrity of this document -2- CRM-M-53347-2025 2025 (O&M) statement under Section 183 of BNSS and in her statement under Section before the Trial Court, her testimony before the Trial Court, has not supported the prosecution case. Even the complainant has not supported turned hostile en the complainant has turned hostile before the learned Trial Court. In support of his contentions, h before the learned Trial Court. In support of his contentions, he has placed record the copies of the statements of complainant and the victim record the copie as Annexures P- nts of complainant and the victim as Annexures P 7 and P-8 respectively. He further submits that the petitioner has undergone an 8 respectively. He further submits that the petitioner has undergone an He further submits that the petitioner has undergone an days and there is no other criminal case actual custody of 08 months & 18 days and there is no other criminal case days and there is no other criminal case actual custody of registered against him. registered against him.

4. learned State counsel has vehemently opposed the Per contra, learned State counsel has vehemently opposed the learned State counsel has vehemently opposed the Per contra, She states that the submissions made by the learned counsel for the petitioner. She states that the submissions made by the learned counsel for the petitioner. submissions made by the learned counsel for the petitioner. petitioner was actively involved in the commission of the offence. petitioner was actively involv She has filed ed in the commission of the offence. She has filed custody certificate in Court today and the same is taken on record. As per custody custody certificate in Court today and the same is taken on record. As per custody custody certificate in Court today and the same is taken on record. As per custody custody certificate in Court today and the same is taken on record. As per custody certificate, the petitioner has undergone an actual custody of 08 months and certificate, the petitioner has undergone an actual custody of certificate, the petitioner has undergone an actual custody of months and 18 days. The learned State counsel, on instructions from days. The learned State counse HC Lakhwinderpal Singh, l, on instructions from HC Lakhwinderpal Singh and out of submits that in the present case, charges were framed on 17.11.2025 and out of submits that in the present case, charges were framed on submits that in the present case, charges were framed on total 17 prosecution witnesses, prosecution witnesses, 02 have been examined till date. She submits that have been examined till date. She submits that the petitioner, he is not entitled to the in view of the serious allegations against the petitioner, he is not entitled to the the petitioner, he is not entitled to the in view of the serious allegations against concession of regular bail. concession of regular bail.

6. Heard the rival submissions made by learned counsel for the parties. Heard the rival submissions made by learned counsel for the parties. Heard the rival submissions made by learned counsel for the parties. Heard the rival submissions made by learned counsel for the parties. 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 Before proceeding, a gainful reference can be made to the Sanjay Chandra v. CBI, observations passed by the Hon'ble Supreme Court in Sanjay Chandra v. CBI, observations passed by the Hon'ble Supreme Court in observations passed by the Hon'ble Supreme Court in