IN T 201 Arshdeep S State of Pu CORAM: Present:- NIDHI GU Nagarik Su petitioner i Section 376 registered a statement m CRM-M-1214-2025 IN THE HIGH COURT OF PUNJA AT CHANDIGAR Criminal Misc. N Date of decision : deep Singh Versus of Punjab AM:- HON'BLE MS. JUSTICE NID Mr. Rituraj Singh, Advocate for the petitioner. Mr. Manmeet Singh Teji, AAG I GUPTA J. (Oral) Prayer in this petition filed un rik Suraksha Sanhita (B.N.S.S.) is for oner in case FIR No.0100 dated 29.6. on 376 IPC and Section 4 of POCSO stered at Police Station City Bhikhiwind, The present FIR has been r ent made by the prosecutrix, which rea “….. I am resident of ab studying in 9th clas Secondary School, Ka Nimmo Kaur, my fa grandfather Charan Sin have two sisters nam Sharandeep Kaur who Sandeep Kaur daughter Kalsian Kalan is doing t 1 UNJAB AND HARYANA IGARH isc. No. M-1214 of 2025 ision :-17.01.2025 …..Petitioner …..Respondent NIDHI GUPTA , AAG Punjab. iled under Section 483 Bharatiya is for grant of regular bail to the 29.6.2023 (Annexure P-1) under CSO Act 2012 (Amended) 2019, iwind, District Tarn Taran. been registered on the basis of ich reads as follows :- of above noted address and I am lass of Government Senior Kalsian Kalan. My mother father Roshan Singh and Singh are living in my house. I namely Kirandeep Kaura and who are residing in Malaysia. ghter of Raju Singh resident of ing the work of stitching clothes. VIJAY ASIJA 2025.01.17 16.18 I attest to the accuracy and integrity of this document per the alle entered into committed submits tha alleged inc CRM-M-1214-2025 On 08.06.2023 1 went to to give suit of me and my I was seen by brother Arshdeep Singh son of R Kalan. Arshdeep Singh street/passage and he to marry to him. I refus 23.06.2023, 1 was alone went for plantation grandfather also went o work. At about 1.00-2.00 in the room of my house to our house and when I up and I told Arshdeep S but he did not agree for made physical relations After some time, my fath looking my father, Arsh our house, my father h Singh but he could not father about said incid came to home and I also this entire incident. Til about it to save our ima need justice. Therefore Nimmo Kaur came to recorded my statemen against Arshdeep Singh. Learned counsel for the petition he allegations made in the FIR, on 2 into the house of the prosecutrix w itted rape upon her. Learned couns its that there is delay in registration o ed incident is 23.6.2023; whereas the 2 nt to the house of Sandeep Kaur d my mother for stitching, where ther of Sandeep Kaur namely of Raj Singh resident of Kalsian ingh use to meet me in the e told me for his friendship and efused him for the same. On lone in the house as my parents on of paddy crop and my nt out from the house for some 2.00 After noon, I was sleeping ouse then Arashdeep Singh came en I heard some noise, then I got eep Singh that you go from here, e for it and Arshdeep Singh has ions with me against my wishes. father came to our house and on Arshdeep Singh ran away from er has tried to catch Arshdeep not catch him. I informed my incident. Thereafter my mother also informed my mother about . Till date we did not disclose r image in the society but now we fore I along with my mother to the Police Station and got ment. Legal action be taken ngh.” petitioner inter alia submits that as on 23.6.2023 the petitioner had trix when she was alone and had counsel for the petitioner firstly tion of the FIR as the date of the s the FIR has been registered on VIJAY ASIJA 2025.01.17 16.18 I attest to the accuracy and integrity of this document 29.6.2023. on record to the materia of the vict testimonies for more th of regular b Punjab acc prayer mad submits tha present case petitioner w prosecutrix prosecution prosecution testimonies and that n prosecutrix out of total so far and 0 date of hea of testimon counsel has same is ta CRM-M-1214-2025 2023. It is further submitted that even cord to implicate the petitioner with th aterial prosecution witnesses being the e victim as PW2; and mother of th onies have all turned hostile. The pe ore than 1-½ years and accordingly lea gular bail to the petitioner. Notice of motion. On asking of the Court, Mr. b accepts notice on behalf of respon r made on behalf of petitioner. Lea its that at the time of the alleged inc nt case was minor being 14 years and oner was about 23 years old. It is cutrix in her statement under Section 16 cution case. It is, however, adm cution witnesses i.e. the prosecutrix, he onies recorded before the learned tria that no semen was detected on the cutrix. Learned State counsel, on instr f total 15 prosecution witnesses, 06 wi r and 09 prosecution witnesses remain t f hearing before the learned trial Cour stimonies of the remaining prosecutio sel has filed the Custody Certificate dat is taken on record. Copy thereof 3 even there is no medical evidence ith the alleged crime. Moreover, ing the prosecutrix as PW3; father of the victim as PW1 in their he petitioner has been in custody learned counsel prays for grant , Mr. Manmeet Singh Teji, AAG respondent-State and opposes the . Learned counsel for the State ed incident the prosecutrix in the s and 04 months old; whereas the It is further submitted that the tion 164 Cr.P.C. has supported the , admitted that the above said trix, her mother and father in their ed trial Court have turned hostile; n the samples submitted by the n instructions, further informs that 06 witnesses have been examined main to be examined; and the next l Court is 20.1.2025 for recording secution witnesses. Learned State ate dated 16.1.2025 in Court. The ereof is supplied to the counsel VIJAY ASIJA 2025.01.17 16.18 I attest to the accuracy and integrity of this document opposite. A the actual c commentin of the fact period of 01 an undertria from the cu the prosecu d) out of to therefore, t useful purp be released satisfaction concerned. construed a January 17 Vijay Asija Whether spea Whether Repo CRM-M-1214-2025 site. As per the Custody Certificate, t ctual custody of 01 year, 06 months and Having heard learned counsel enting on merits of the case, however, e facts and circumstances of the case d of 01 year, 06 months and 16 days un dertrial; b) no other case is pending aga the custody certificate placed on recor rosecutrix, her mother and father have t of total 15 witnesses, 06 witnesses h fore, the conclusion of trial will take l purpose would be served by further de Thus, the present petition is all The petitioner-Arshdeep Singh leased on regular bail on his furnishi action of the trial Court/Chief Judicial erned. However, it is made clear that n rued as an expression of opinion on the Pending application, if any, stan 7, 2025 Asija r speaking/reasoned Yes / No r Reportable Yes / No 4 cate, the petitioner has undergone hs and 16 days as undertrial. unsel for the parties, but without wever, keeping in view the totality e case including: a) the custody ays undergone by the petitioner as ng against the petitioner as evident record; c) material witnesses i.e. have already been examined; and esses have been examined so far, ake considerable time and no ther detention of the petitioner. allowed. Singh s/o Raj Singh, is ordered to rnishing bail/surety bonds to the dicial Magistrate/Duty Magistrate, that nothing stated above shall be on the merits of the case. y, stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.01.17 16.18 I attest to the accuracy and integrity of this document