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2023 DAILYLAW 6010 (PNJ)

DILJIT SINGH ALIAS DILJEET SINGH v. STATE OF PUNJAB

CRM-M/35567/2026 · 2026-07-21

Sumeet Goel

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA AT 124 Diljit Singh @ Diljeet Singh State of Punjab Date of decision: Date of Uploading : CORAM: Present: SUMEET GOEL 1. 2023 seek No.22 dated Sections Police Station 2. the victim, a minor child, was allegedly subjected to sexual assault by the petitioner. It accompany him to a secluded place on committed sexual assault upon him. threatened with dire consequences in case he disclosed the incident to anyone. Due to fear and intimidation, the victim remained silent for some time. Subsequently, the matter was disclosed to the complainant to the registration of the FIR -35567-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Diljit Singh @ Diljeet Singh V/s State of Punjab Date of decision: 21.07.2026 Date of Uploading : 21.07.2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Mr. Inder Preet Singh, Advocate for the petitioner. Mr. Adhiraj Singh Thind, AAG Punjab ***** SUMEET GOEL, J. (Oral) Present petition has been filed under Section 482 of BNSS, 2023 seeking grant of regular bail to the petitioner in case bearing FIR dated 16.02.2025, registered for the offences punishable under Sections 6 of POCSO Act and Section 127(2), 351(2) of BNS, 2023 Police Station Banur, District Patiala. The prosecution case, as set- the victim, a minor child, was allegedly subjected to sexual assault by the petitioner. It has been alleged that the petitioner accompany him to a secluded place on committed sexual assault upon him. Thereafter, the threatened with dire consequences in case he disclosed the incident to anyone. Due to fear and intimidation, the victim remained silent for some ubsequently, the matter was disclosed to the complainant registration of the FIR in question. During 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-35567-2026 ....Petitioner ....Respondent HON’BLE MR. JUSTICE SUMEET GOEL Mr. Inder Preet Singh, Advocate for the petitioner. Mr. Adhiraj Singh Thind, AAG Punjab. Present petition has been filed under Section 482 of BNSS, grant of regular bail to the petitioner in case bearing FIR , registered for the offences punishable under 6 of POCSO Act and Section 127(2), 351(2) of BNS, 2023 -out in the petition in hand, is that the victim, a minor child, was allegedly subjected to sexual assault by the alleged that the petitioner had enticed the victim to accompany him to a secluded place on a false pretext and thereafter Thereafter, the victim was allegedly threatened with dire consequences in case he disclosed the incident to anyone. Due to fear and intimidation, the victim remained silent for some ubsequently, the matter was disclosed to the complainant which led . During the course of investigation, Present petition has been filed under Section 482 of BNSS, grant of regular bail to the petitioner in case bearing FIR , registered for the offences punishable under 6 of POCSO Act and Section 127(2), 351(2) of BNS, 2023 at , is that the victim, a minor child, was allegedly subjected to sexual assault by the enticed the victim to a false pretext and thereafter victim was allegedly threatened with dire consequences in case he disclosed the incident to anyone. Due to fear and intimidation, the victim remained silent for some which led investigation, AJAY KUMAR 2026.07.21 17:32 I attest to the accuracy and integrity of this document CRM-M- the victim was medically examined, his statement was recorded before the competent authority and other eviden investigation, challan was presented before the jurisdiction. 3. petitioner has no connection with the alleged allegations levelled in the instant case and he has been falsely implicated into the FIR in question. Learned counsel has further iterated support the case of the prosecution inasmuch as the same does not reflect any penetrative assault. does not corroborate the allegations levelled in the FIR and, therefore, the prosecution version entire prosecution story is concocted and no corroborative evidence exists to connect the petitioner with the alleged offence. contended i.e. 16.02.2025 competent Court of jurisdiction on 05.05.2025. witnesses, 14 stands examined including the victim, complainant and the medical e the material witnesses stands substantially allayed. contended of any substantive evidence, would the case in hand condition( with the prosecution evidence or influencing witnesses and not leaving the country without prior permission of the Court -35567-2026 the victim was medically examined, his statement was recorded before the competent authority and other evidence was collected. After completion of investigation, challan was presented before the jurisdiction. Learned counsel for the petitioner has iterated that the petitioner has no connection with the alleged allegations levelled in the instant case and he has been falsely implicated into the FIR in question. Learned counsel has further iterated that the medic support the case of the prosecution inasmuch as the same does not reflect penetrative assault. According to learned counsel, does not corroborate the allegations levelled in the FIR and, therefore, the ion version is highly doubtful. It entire prosecution story is concocted and no corroborative evidence exists to connect the petitioner with the alleged offence. contended that the petitioner has been in custody i.e. 16.02.2025 and the challan has already been presented before the competent Court of jurisdiction on 05.05.2025. witnesses, 14 stands examined including the victim, complainant and the evidence & witnesses and hence the apprehension of influencing the material witnesses stands substantially allayed. contended that the continued incarceration of the petitioner, in the absence of any substantive evidence, would serve no purpose the case in hand. Furthermore, the petitioner shall (s) that may be imposed by this Court, including not tampering with the prosecution evidence or influencing witnesses and not leaving the y without prior permission of the Court 2 the victim was medically examined, his statement was recorded before the ce was collected. After completion of investigation, challan was presented before the competent Court Learned counsel for the petitioner has iterated that the petitioner has no connection with the alleged allegations levelled in the instant case and he has been falsely implicated into the FIR in question. that the medical evidence does not support the case of the prosecution inasmuch as the same does not reflect According to learned counsel, the medical evidence does not corroborate the allegations levelled in the FIR and, therefore, the It has been further submitted that the entire prosecution story is concocted and no corroborative evidence exists to connect the petitioner with the alleged offence. It has been further n in custody for a considerable period challan has already been presented before the competent Court of jurisdiction on 05.05.2025. Out of 25 prosecution witnesses, 14 stands examined including the victim, complainant and the witnesses and hence the apprehension of influencing the material witnesses stands substantially allayed. It has been further continued incarceration of the petitioner, in the absence serve no purpose in the factual milieu petitioner shall undertake to abide by all that may be imposed by this Court, including not tampering with the prosecution evidence or influencing witnesses and not leaving the y without prior permission of the Court, in case he is enlarged on the victim was medically examined, his statement was recorded before the ce was collected. After completion of Court of Learned counsel for the petitioner has iterated that the petitioner has no connection with the alleged allegations levelled in the instant case and he has been falsely implicated into the FIR in question. al evidence does not support the case of the prosecution inasmuch as the same does not reflect the medical evidence does not corroborate the allegations levelled in the FIR and, therefore, the submitted that the entire prosecution story is concocted and no corroborative evidence exists to further for a considerable period challan has already been presented before the Out of 25 prosecution witnesses, 14 stands examined including the victim, complainant and the witnesses and hence the apprehension of influencing t has been further continued incarceration of the petitioner, in the absence milieu of undertake to abide by all that may be imposed by this Court, including not tampering with the prosecution evidence or influencing witnesses and not leaving the , in case he is enlarged on AJAY KUMAR 2026.07.21 17:32 I attest to the accuracy and integrity of this document CRM-M- regular bail bail is entreated for. 4. arguing that the allegatio serious in nature minor child and the offence alleged is of a heinous learned State counsel, and throughout the investigation the role attributed to him has remained consistent. It has been the trial Court and has fully supported the prosecution case. the dismissal of the instant petition is prayed for. 5. the available records of the case. 6. point out that while considerin has to be mindful that the incidents of sexual violence against the child in a society lowered and shattered into pieces. Once a victim being a been hurt physically, emotionally and mentally at a tender age, the same is bound to have adverse effects on the overall growth and development of the said human being. It is, thus in the interest of justice and of course the overall interest of care and precaution, especially when the Court is dealing with an application for releasing the accused on bail. 7. allegations have b -35567-2026 regular bail. On the strength of aforesaid submissions, the grant of is entreated for. Learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are in nature. Learned State counsel minor child and the offence alleged is of a heinous learned State counsel, the petitioner has been and throughout the investigation the role attributed to him has remained consistent. It has been contended that the victim has already appeared before the trial Court and has fully supported the prosecution case. the dismissal of the instant petition is prayed for. I have heard counsel for the rival parties and have gone through the available records of the case. Before dwelling into the matter at hand, this Court likes to point out that while considering matters involving sexual offences, a Court has to be mindful that the incidents of sexual violence against the in a society is not only grave but the lowered and shattered into pieces. Once a victim being a been hurt physically, emotionally and mentally at a tender age, the same is bound to have adverse effects on the overall growth and development of the said human being. It is, thus in the interest of justice and of course the overall interest of the Society at large that proceedings are handled with due care and precaution, especially when the Court is dealing with an application for releasing the accused on bail. As per the material available on record, allegations have been levelled against the 3 On the strength of aforesaid submissions, the grant of regular Learned State counsel has opposed the present petition by ns raised against the petitioner are grave and Learned State counsel has iterated that the victim is a minor child and the offence alleged is of a heinous in nature. According to has been specifically named in the FIR and throughout the investigation the role attributed to him has remained that the victim has already appeared before the trial Court and has fully supported the prosecution case. Accordingly, the dismissal of the instant petition is prayed for. I have heard counsel for the rival parties and have gone through Before dwelling into the matter at hand, this Court likes to g matters involving sexual offences, a Court has to be mindful that the incidents of sexual violence against the minor is not only grave but the future of the victim has been lowered and shattered into pieces. Once a victim being a minor child has been hurt physically, emotionally and mentally at a tender age, the same is bound to have adverse effects on the overall growth and development of the said human being. It is, thus in the interest of justice and of course the ociety at large that proceedings are handled with due care and precaution, especially when the Court is dealing with an application for releasing the accused on bail. material available on record, indubitably serious een levelled against the petitioner which pertains to the regular Learned State counsel has opposed the present petition by grave and victim is a According to specifically named in the FIR and throughout the investigation the role attributed to him has remained that the victim has already appeared before Accordingly, I have heard counsel for the rival parties and have gone through Before dwelling into the matter at hand, this Court likes to g matters involving sexual offences, a Court minor future of the victim has been has been hurt physically, emotionally and mentally at a tender age, the same is bound to have adverse effects on the overall growth and development of the said human being. It is, thus in the interest of justice and of course the ociety at large that proceedings are handled with due care and precaution, especially when the Court is dealing with an indubitably serious to the AJAY KUMAR 2026.07.21 17:32 I attest to the accuracy and integrity of this document CRM-M- commission of sexual assault upon a minor child. petitioner enticed the victim to accompany him to a secluded place and thereafter committed the alleged offence. The petitioner that the medical evidence does not support the prosecution case inasmuch as the same does not reflect penetrative assault this Court this stage. A significant factor which weighs with this Court is that the victim has already been examined before the learned trial Court and he has supported the case of the prosecution. The victim has specifically attributed the commission of the offence t regarding the manner of occurrence. The testimony of the victim constitutes substantive evidence and carries The contention raised by the petitioner regarding absence assault and the effect of such medical evidence upon the prosecution case are matters which require detailed appreciation during The nature of allegations, the age of the victim, the specific role attributed to the petitioner and the testimony of the victim supporting the prosecution case prima facie offence. The allegations relate to a carries severe punishment und 8. statement of the victim further corroborates the case of the prosecution at this stage. Accordingly, this Court is of the considered opinion that the petitioner does not deserve the conc thus, devoid of merits and is hereby dismissed. -35567-2026 commission of sexual assault upon a minor child. petitioner enticed the victim to accompany him to a secluded place and thereafter committed the alleged offence. The petitioner that the medical evidence does not support the prosecution case inasmuch as the same does not reflect penetrative assault this Court as the same cannot be made the sole basis for is stage. A significant factor which weighs with this Court is that the victim has already been examined before the learned trial Court and he has supported the case of the prosecution. The victim has specifically attributed the commission of the offence to the petitioner and has remained consistent regarding the manner of occurrence. The testimony of the victim constitutes substantive evidence and carries substantial The contention raised by the petitioner regarding absence assault and the effect of such medical evidence upon the prosecution case are matters which require detailed appreciation during The nature of allegations, the age of the victim, the specific role attributed to e petitioner and the testimony of the victim supporting the prosecution prima facie indicate the involvement of the petitioner in the alleged offence. The allegations relate to a sexual offence against a child, if proved, severe punishment under law. The allegations against the petitioner are grave and the statement of the victim further corroborates the case of the prosecution at this stage. Accordingly, this Court is of the considered opinion that the petitioner does not deserve the concession of regular bail. The petition is, thus, devoid of merits and is hereby dismissed. 4 commission of sexual assault upon a minor child. As per the allegations, petitioner enticed the victim to accompany him to a secluded place and thereafter committed the alleged offence. The plea raised on behalf of the petitioner that the medical evidence does not support the prosecution case inasmuch as the same does not reflect penetrative assault does not persuade the same cannot be made the sole basis for the grant of bail at is stage. A significant factor which weighs with this Court is that the victim has already been examined before the learned trial Court and he has supported the case of the prosecution. The victim has specifically attributed o the petitioner and has remained consistent regarding the manner of occurrence. The testimony of the victim constitutes substantial evidentiary value at this stage. The contention raised by the petitioner regarding absence of any penetrative assault and the effect of such medical evidence upon the prosecution case are matters which require detailed appreciation during the course of trial. The nature of allegations, the age of the victim, the specific role attributed to e petitioner and the testimony of the victim supporting the prosecution indicate the involvement of the petitioner in the alleged sexual offence against a child, if proved, The allegations against the petitioner are grave and the statement of the victim further corroborates the case of the prosecution at this stage. Accordingly, this Court is of the considered opinion that the ession of regular bail. The petition is, thus, devoid of merits and is hereby dismissed. the petitioner enticed the victim to accompany him to a secluded place and raised on behalf of the petitioner that the medical evidence does not support the prosecution case persuade grant of bail at is stage. A significant factor which weighs with this Court is that the victim has already been examined before the learned trial Court and he has supported the case of the prosecution. The victim has specifically attributed o the petitioner and has remained consistent regarding the manner of occurrence. The testimony of the victim constitutes evidentiary value at this stage. penetrative assault and the effect of such medical evidence upon the prosecution case, trial. The nature of allegations, the age of the victim, the specific role attributed to e petitioner and the testimony of the victim supporting the prosecution indicate the involvement of the petitioner in the alleged sexual offence against a child, if proved, The allegations against the petitioner are grave and the statement of the victim further corroborates the case of the prosecution at this stage. Accordingly, this Court is of the considered opinion that the ession of regular bail. The petition is, AJAY KUMAR 2026.07.21 17:32 I attest to the accuracy and integrity of this document CRM-M- 9. shall not have any effect on merits of the case and as also the being influenced with this order. 10. July 21, 202 Ajay -35567-2026 Any observations made and/or submissions noted hereinabove shall not have any effect on merits of the case and as also the trial Court shall proceed further, in accordance with law, being influenced with this order. Pending application(s), if any, shall also stand disposed of. 2026 Whether speaking/reasoned: Whether reportable: 5 Any observations made and/or submissions noted hereinabove shall not have any effect on merits of the case and the investigating agency further, in accordance with law, without Pending application(s), if any, shall also stand disposed of. (SUMEET GOEL) JUDGE Yes/No Yes/No Any observations made and/or submissions noted hereinabove the investigating agency without AJAY KUMAR 2026.07.21 17:32 I attest to the accuracy and integrity of this document