CRM-M IN THE HIGH COURT OF PUNJAB & HARYANA AT (212) GURJIT STATE OF CORAM: HON'BLE Present: KIRTI SINGH 1. been invoked for grant of regular bail to the petitioner in case FIR No. dated 26.10.2024 64(2)(m), 65(1) of BNS of 2023 and on), registered 2. M-18976-2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of Decision: Versus STATE OF HARYANA AND ORS. CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Mr. Kartar Singh, Advocate for the petitioner. Mr. Brijesh Sharma, AAG, Haryana **** KIRTI SINGH, J. (ORAL) The jurisdiction of this Court under been invoked for grant of regular bail to the petitioner in case FIR No. 26.10.2024 under Sections 137, 96 of BNS, 2023 64(2)(m), 65(1) of BNS of 2023 and (Section registered at Police Station Sadar Sirsa The translated version of the FIR is reproduced below: “To, SHO Sahib, Police Station Sadar, Sirsa Subject: Application regarding taking action about the missing of girl Mandakini Sir, It is respectfully submitted that I, Munna S/o Dhillu, am a permanent resident of Village Sudamapuri, Ward No. 6, Bisanda Road, Atri Bada, Uttar Pradesh,. At present, I am working as a labourer at Ashoka Brick Kiln, Salarpur. I have been living here for many years along with my family and have been doing labour work. That on the night of 23.10.2024, I and my family members were sleeping. When I woke up at night, I saw that my daughter there, who was missing from the house. After that, I informed my wife that xxxxx is missing from the house. Since then, I and my family members have been searching for my daughter today, but no clue of my daughter requested that my daughter xxxx LTI Munna (Applicant)" IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-18976-2026 (O&M) Date of Decision: 16.04.2026 ......Petitioner Versus .....Respondents MS. JUSTICE KIRTI SINGH Haryana. The jurisdiction of this Court under Section 483 BNSS has been invoked for grant of regular bail to the petitioner in case FIR No.428 137, 96 of BNS, 2023, Sections 127(4), Section 6 of POCSO Act added later Sadar Sirsa, District Sirsa. The translated version of the FIR is reproduced below:- To, SHO Sahib, Police Station Sadar, Sirsa Subject: Application regarding taking action about the missing of girl Mandakini Sir, It is respectfully submitted that I, Munna S/o Dhillu, am a permanent resident of Village Sudamapuri, Ward No. 6, Bisanda Atri Bada, Uttar Pradesh,. At present, I am working as a labourer at Ashoka Brick Kiln, Salarpur. I have been living here for many years along with my family and have been doing labour work. That on the night of 23.10.2024, I and my family members were eeping. When I woke up at night, I saw that my daughter xxxx was not there, who was missing from the house. After that, I informed my wife is missing from the house. Since then, I and my family members have been searching for my daughter xxxxx on our own till today, but no clue of my daughter xxxxx has been found. Therefore, it is xxxx be searched for and recovered. Sd/ Section 483 BNSS has 428 Sections 127(4), added later To, SHO Sahib, Police Station Sadar, Sirsa Subject: Application regarding taking action about the missing of girl Mandakini Sir, It is respectfully submitted that I, Munna S/o Dhillu, am a permanent resident of Village Sudamapuri, Ward No. 6, Bisanda Atri Bada, Uttar Pradesh,. At present, I am working as a labourer at Ashoka Brick Kiln, Salarpur. I have been living here for many years along with my family and have been doing labour work. That on the night of 23.10.2024, I and my family members were was not there, who was missing from the house. After that, I informed my wife is missing from the house. Since then, I and my family n our own till has been found. Therefore, it is be searched for and recovered. Sd/- SWARNJIT SINGH 2026.04.20 09:03 I attest to the accuracy and integrity of this document CRM-M 3. petitioner registered as a missing person complaint on the stateme prosecutrix. It is submitted that t Even otherwise, the complicity of the petitioner. get her medical conducted. already undergone an actual custody period of days and has clean antecedents. 4. today and the same is taken on record. As per custody certificate, the petitioner has undergone an actual custody of 01 years, 04 months and days. He counsel for the petitioner age, has ravished the victim the false pretext of marriage and out of total 21 prosecution witnesses, 04 have been examined. the serious allegations against the petitioner, he is not entitled to the concession of regular bail. 5. parties. 6. clear and stringent legislative intent to protect children from sexual exploitation and abuse, and to ensure a robust deterrent framework. 8. M-18976-2026 (O&M) -2- Learned counsel for the petitioner petitioner has been falsely implicated in the instant registered as a missing person complaint on the stateme prosecutrix. It is submitted that there is a delay of 3 days Even otherwise, there is no cogent evidence on record the complicity of the petitioner. In fact, the prosecutrix had get her medical conducted. Learned counsel submits that the petitioner has already undergone an actual custody period of days and has clean antecedents. Learned State counsel has filed custody certificate in Court today and the same is taken on record. As per custody certificate, the petitioner has undergone an actual custody of 01 years, 04 months and He has vehemently opposed the submissions made by the learned counsel for the petitioner and submits that the petitioner age, has ravished the victim, who is only of the tender age of 13 years the false pretext of marriage. The charges have been framed on and out of total 21 prosecution witnesses, 04 have been examined. the serious allegations against the petitioner, he is not entitled to the concession of regular bail. Heard the rival submissions made by learned counsel for the The POCSO Act, 2012 is a special legislation enacted with a clear and stringent legislative intent to protect children from sexual exploitation and abuse, and to ensure a robust deterrent framework. In the present case, charges have been framed in relation to petitioner inter alia submits that the implicated in the instant case which was initially registered as a missing person complaint on the statement of the father of the is a delay of 3 days in lodging the FIR. cogent evidence on record that points towards In fact, the prosecutrix had even refused to Learned counsel submits that the petitioner has already undergone an actual custody period of 01 year, 04 months and 2 Learned State counsel has filed custody certificate in Court today and the same is taken on record. As per custody certificate, the petitioner has undergone an actual custody of 01 years, 04 months and has vehemently opposed the submissions made by the learned submits that the petitioner, who is 31 years of who is only of the tender age of 13 years, on he charges have been framed on 22.04.2025 and out of total 21 prosecution witnesses, 04 have been examined. In view of the serious allegations against the petitioner, he is not entitled to the ns made by learned counsel for the The POCSO Act, 2012 is a special legislation enacted with a clear and stringent legislative intent to protect children from sexual exploitation and abuse, and to ensure a robust deterrent framework. he present case, charges have been framed in relation to submits that the which was initially t of the father of the in lodging the FIR. that points towards even refused to Learned counsel submits that the petitioner has months and 27 Learned State counsel has filed custody certificate in Court today and the same is taken on record. As per custody certificate, the 27 has vehemently opposed the submissions made by the learned , who is 31 years of , on 22.04.2025 n view of the serious allegations against the petitioner, he is not entitled to the ns made by learned counsel for the The POCSO Act, 2012 is a special legislation enacted with a clear and stringent legislative intent to protect children from sexual he present case, charges have been framed in relation to SWARNJIT SINGH 2026.04.20 09:03 I attest to the accuracy and integrity of this document CRM-M offence under Section the very core of bodily integrity and dignity of a child. The same attracts the provisions of Section 29 of the said Act, the bare language of which speaks about the adverse presumption to be drawn against a person prosecuted f committing or abetting or attempting to commit any offence under sections 3, 5, 7 and section 9 of the Act unless the contrary is proved, thereby raising the threshold of satisfaction required. Trite to say that at the stage of considering a petition se roving inquiry into the evidence, must take into consideration the nature and gravity of the alleged offence, severity of the punishment and the involvement of the accused and the material o 9. commission of grave and heinous offences involving sexual assault upon the minor at the time of the alle petitioner prosecutrix recorded under testimony of the complainant are steadfast with respect to the allegations levelled against the petitioner, who was also duly identified prosecutrix. 10. against the petitioner, same stands dismissed. 11. petitioner M-18976-2026 (O&M) -3- offence under Section 6 of the POCSO Act, the very core of bodily integrity and dignity of a child. The same attracts the provisions of Section 29 of the said Act, the bare language of which speaks about the adverse presumption to be drawn against a person prosecuted f committing or abetting or attempting to commit any offence under sections 3, 5, 7 and section 9 of the Act unless the contrary is proved, thereby raising the threshold of satisfaction required. Trite to say that at the stage of considering a petition seeking bail, the Court, though not required to make a roving inquiry into the evidence, must take into consideration the nature and gravity of the alleged offence, severity of the punishment and the involvement of the accused and the material o Reverting to the case in hand, specific allegations regarding the commission of grave and heinous offences involving sexual assault upon the minor victim, stated to be of at the time of the alleged occurrence, have been levelled against the petitioner, a man more than double her age prosecutrix recorded under Section 183 BNS testimony of the complainant are steadfast with respect to the allegations levelled against the petitioner, who was also duly identified prosecutrix. Therefore, in view of the seriousness of the against the petitioner, this Court is not inclined to grant regular bail and the same stands dismissed. However, considering the custody period undergone by the petitioner, the trial Court is directed to conclude the trial of the POCSO Act, 2019 an offence which strikes at the very core of bodily integrity and dignity of a child. The same attracts the provisions of Section 29 of the said Act, the bare language of which speaks about the adverse presumption to be drawn against a person prosecuted f committing or abetting or attempting to commit any offence under sections 3, 5, 7 and section 9 of the Act unless the contrary is proved, thereby raising the threshold of satisfaction required. Trite to say that at the stage of eking bail, the Court, though not required to make a roving inquiry into the evidence, must take into consideration the nature and gravity of the alleged offence, severity of the punishment and prima facie the involvement of the accused and the material on record. Reverting to the case in hand, specific allegations regarding the commission of grave and heinous offences involving repeated penetration stated to be of tender age of 13 years , have been levelled against the , a man more than double her age. The statement of the minor ection 183 BNSS, her testimony, and the testimony of the complainant are steadfast with respect to the allegations levelled against the petitioner, who was also duly identified by the seriousness of the allegations levelled this Court is not inclined to grant regular bail and the However, considering the custody period undergone by the , the trial Court is directed to conclude the trial expeditiously. an offence which strikes at the very core of bodily integrity and dignity of a child. The same attracts the provisions of Section 29 of the said Act, the bare language of which speaks about the adverse presumption to be drawn against a person prosecuted for committing or abetting or attempting to commit any offence under sections 3, 5, 7 and section 9 of the Act unless the contrary is proved, thereby raising the threshold of satisfaction required. Trite to say that at the stage of eking bail, the Court, though not required to make a roving inquiry into the evidence, must take into consideration the nature and prima facie, Reverting to the case in hand, specific allegations regarding the repeated penetration of years , have been levelled against the minor , and the testimony of the complainant are steadfast with respect to the allegations by the levelled this Court is not inclined to grant regular bail and the However, considering the custody period undergone by the SWARNJIT SINGH 2026.04.20 09:03 I attest to the accuracy and integrity of this document CRM-M 12. expression 13. disposed of. April 16, 2026 SwarnjitS M-18976-2026 (O&M) -4- Nothing mentioned hereinabove will be construed as an expression of opinion on merits of the case. Pending miscellaneous application(s), if any, also stands disposed of. , 2026 Whether speaking/reasoned Whether reportable Nothing mentioned hereinabove will be construed as an on merits of the case. Pending miscellaneous application(s), if any, also stands (KIRTI SINGH) JUDGE : Yes/No : Yes/No Nothing mentioned hereinabove will be construed as an Pending miscellaneous application(s), if any, also stands SWARNJIT SINGH 2026.04.20 09:03 I attest to the accuracy and integrity of this document