Khuspreet Kaur v. State of Punjab

AG, Punjab. Ms. Guramrit Kaur, DAG, Punjab. **** KIRTI SINGH, J. (ORAL) KIRTI SINGH CRM-122 12268-2026 Application is allowed and document annexed at Annexure P-12 Application is allowed and document annexed at Annexure P Application is allowed and document annexed at Annexure P exceptions. is taken on record subject to all just exceptions. is taken on record subject to all just MAIN CASE MAIN CASE

1. , 2023 The jurisdiction of this Court under Section 483 BNSS, 2023 The jurisdiction of this Court under Section 483 BNSS has been invoked for grant of regular bail to the petitioner in case FIR has been invoked for grant of regular bail to the petitioner in case FIR has been invoked for grant of regular bail to the petitioner in case FIR has been invoked for grant of regular bail to the petitioner in case FIR No.0255 dated dated 13.10.2024 under Sections 137 (2), 87 of BNS, 2023 (Section under Sections 137 (2), 87 of BNS, 2023 (Section 5, 6/17 of POCSO Act added later on), 64, 61(2) of BNS, 2023 and Sections 5, 6/17 of POCSO Act added later on) 5, 6/17 of POCSO Act added later on) 64, 61(2) of BNS, 2023 registered at Police Station Sadar Mansa, registered at Police Station , District Mansa.

2. The translated version of the FIR is reproduced below:- The translated version of the FIR is reproduced below: Copy of statement of Makhan Singh son of Ramjit Singh “Copy of statement of Makhan Singh son of Ramjit Singh Copy of statement of Makhan Singh son of Ramjit Singh f Khokhar Khurd aged about 40 son of Santa Singh, resident of Khokhar Khurd aged about 40 son of Santa Singh, resident o years, mobile No.97812-36312, stated that I am resident of the 36312, stated that I am resident of the 36312, stated that I am resident of the abovesaid address and I am doing the work of painting and I am abovesaid address and I am doing the work of painting and I am abovesaid address and I am doing the work of painting and I am contractor of the said work. I have two children. My elder girl is contractor of the said work. I have two children. My elder girl is contractor of the said work. I have two children. My elder girl is 17-1/2 years old whose date of bi rth is 04.04.2007. The youngest 1/2 years old whose date of birth is 04.04.2007. The youngest one is Arshdeep Singh. Yesterday on 12.10.2024, I have gone to one is Arshdeep Singh. Yesterday on 12.10.2024, I have gone to one is Arshdeep Singh. Yesterday on 12.10.2024, I have gone to and my son had gone to Mansa at xxxxx and my son had gone to Mansa at my work and my wife xxxxx CRM-M M-73773-2025(O&M) - -2- 12:00 due to some domestic work. When at 2:30 PM my wife 12:00 due to some domestic work. When at 2:30 PM my wife 12:00 due to some domestic work. When at 2:30 PM my wife was not and my son reached back house then my daughter xxxxx was not and my son reached back house then my daughter present in the house. regarding this my wife told me and I came present in the house. regarding this my wife told me and I came present in the house. regarding this my wife told me and I came back from my work. Then we started searching for the girl. Till back from my work. Then we started searching for the girl. Till back from my work. Then we started searching for the girl. Till now we are looking for the girl in the village and our relatives now we are looking for the girl in the village and our relatives now we are looking for the girl in the village and our relatives ll faith that was not found. Now we have full faith that but the girl xxxxx was not found. Now we have fu some unknown person has enticed my girl on the pretext of person has enticed my girl on the pretext of person has enticed my girl on the pretext of solemnizing marriage with her. Legal action be taken against the solemnizing marriage with her. Legal action be taken against the solemnizing marriage with her. Legal action be taken against the persons who have enticed my daughter xxxxx. I have got . I have got persons who have enticed my daughter Makhan Singh. Dated: recorded statement, which is correct. Sd/- Makhan Singh. Dated: recorded statement, which is correct. Sd/ 13.10.2024”

3. Learned counsel for the petitioner submits that petitioner has Learned counsel for the petitioner submits that petitioner has Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case on the allegation that he aided been falsely implicated in the present case been falsely implicated in the present case he aided the co-accused Harpreet Singh the victim on the pretext of marriage. accused Harpreet Singh in enticing the victim on the pretext of marriage the victim on the pretext of marriage It is submitted that there is no cogent It is submitted tha on record against the there is no cogent evidence on record against the petitioner. Moreover, the victim has been duly examined petitioner. before the learned victim has been duly examined before the learned trial Court on 11.04.2025 (Annexure P-6) trial Court has not supported the 6), wherein she has not supported the case of the prosecution and has turned hostile case of the prosecution ct, she has even turned hostile. In fact, she has even solemnized marriage with co-accused Harpreet Singh solemnized submitted accused Harpreet Singh. It is further submitted .2025 passed by this Court in CRM- that vide common order dated 31.10.2025 passed by this Court in CRM that vide -M- 26759-202 2025 and CRM-M-26763-2025, co Harpreet Singh @ Harry , co-accused Harpreet Singh @ Harry and Gursewak Singh @ Gagandeep Singh and Gursewak Singh @ Gagandeep S been granted the concession ingh have been granted the concession of regular regular bail. He submits that the petitioner has undergone an He submits that the petitioner has already undergone an actual custody of 01 year, 05 months and actual custody of 01 year, 0 days and there is no other months and 08 days and there is no other criminal case registered against her. criminal case registered against h

4. Per contra, learned State couns vehemently opposed the learned State counsel has vehemently opposed the states that submissions made by the learned counsel for the petitioner. She states that submissions made by the learned counsel for the petitioner. submissions made by the learned counsel for the petitioner. She the petitioner was actively involved in the commission of the offence. She the petitioner was actively involved in the commission of the offence. the petitioner was actively involved in the commission of the offence. has filed the the custody certificate in Court today custody certificate in Court today which are taken on record. taken on record. As per custody certificate, the petitioner has undergone an actual custody of 01 per custody certificate, the petitioner has undergone an actual custody of per custody certificate, the petitioner has undergone an actual custody of per custody certificate, the petitioner has undergone an actual custody of CRM-M M-73773-2025(O&M) - -3- year, 05 months and 08 days. Investigation is complete. Learned State . Investigation is complete. Learned State counsel submits that t submits that the charges have been out of have been framed on 10.02.2025 and out of a total of 2 25 prosecution witnesses, 03 have submits that ve been examined. She submits that he is not entitled to in view of the serious allegations against the petitioner, she is not entitled to in view of the serious allegations against the p in view of the serious allegations against the p the concession of regular bail. the concession of regular bail.

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. ing, a gainful reference can be made to the Before proceeding, a gainful reference can be made to the ing, a gainful reference can be made to the Sanjay Chandra v. 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