CRM-M-3208 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (205) Anmol Singh @ Tinda State of Punjab CORAM: Present: ALOK JAIN, CRM-5301 CRM-M-3208 1. of regular bail Sections 452, 376 at Police Station 2. allegations leve petitioner has been implicated 3208-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Anmol Singh @ Tinda Versus Punjab and Anr. HON’BLE MR. JUSTICE ALOK JAIN **** Mr. Sparsh Chhibber, Advocate for the petitioner. Mr. Sahil Chowdhary, AAG, Punjab **** ALOK JAIN, J. -2025 Application is allowed as prayed for. Annexures P-9 is taken on record. 3208-2025 The present petition has been filed bail to the petitioner in case FIR No 452, 376 and 511 of IPC and Section at Police Station City-1, Sangrur. Learned counsel for the petitioner submits that the entire allegations levelled in the FIR are false and fabricated, and in fact, the petitioner has been implicated only due to his antecedents. Counsel further 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-3208-2025 (O&M) Date of Decision:-12.08.2025 ……Petitioner ……Respondents ALOK JAIN Advocate Mr. Sahil Chowdhary, AAG, Punjab. Application is allowed as prayed for. 9 is taken on record. has been filed inter alia praying for grant in case FIR No.190 dated 11.10.2023, under and Section 8 of POCSO Act registered Learned counsel for the petitioner submits that the entire led in the FIR are false and fabricated, and in fact, the due to his antecedents. Counsel further 1 (O&M) 5 ……Petitioner s for grant under registered Learned counsel for the petitioner submits that the entire led in the FIR are false and fabricated, and in fact, the due to his antecedents. Counsel further MANJU 2025.08.12 17:50 I agree to specified portions of this document CRM-M-3208 submits that the alleged incident never occurred, and the prosecutrix and the complainant have repeatedly changed their statements. 3. learned State counsel record along with the status report filed by way of affidavit of Sh. Ranbir Singh, PPS, Deputy Superintendent of Police, Sub behalf of respondent No.4 4. testimony of PW that “it is correct that it is recorded in the statement of S that nothing happened with saved.” 5. and male DNA were not detected. 6. which is taken on record. According to the certi been in custody for the last certificate, one more case bearing FIR No. 249 dated 15.11.2022 has been registered against the petitioner. However, counsel for the petitioner has placed on record a copy of the judgment No. 249 dated 15.1 7. all material witnesses has report is also available, further incarceration of the petitione 3208-2025 (O&M) submits that the alleged incident never occurred, and the prosecutrix and the complainant have repeatedly changed their statements. Vide order dated 30.07.2025, this Court had directed the learned State counsel to file the FSL report, which has been duly placed on record along with the status report filed by way of affidavit of Sh. Ranbir Singh, PPS, Deputy Superintendent of Police, Sub behalf of respondent No.4–State, which is taken on rec Learned counsel for the petitioner has also relied upon the testimony of PW-6/ASI Sukhpal Singh, in which it is specifically recorded it is correct that it is recorded in the statement of S that nothing happened with her daughter A perusal of the FSL report also concludes that human semen and male DNA were not detected. Learned State counsel has also filed the custody certificate, which is taken on record. According to the certi been in custody for the last 01 year and 9 months. certificate, one more case bearing FIR No. 249 dated 15.11.2022 has been registered against the petitioner. However, counsel for the petitioner has placed on record a copy of the judgment dated 17.12.2024 No. 249 dated 15.11.2022, in which the petitioner has been acquitted. Considering all the above, and the fact that the testimony of all material witnesses has already been placed on record and the medical report is also available, further incarceration of the petitione 2 submits that the alleged incident never occurred, and the prosecutrix and the complainant have repeatedly changed their statements. Vide order dated 30.07.2025, this Court had directed the to file the FSL report, which has been duly placed on record along with the status report filed by way of affidavit of Sh. Ranbir Singh, PPS, Deputy Superintendent of Police, Sub-Division, Sangrur, on State, which is taken on record. earned counsel for the petitioner has also relied upon the 6/ASI Sukhpal Singh, in which it is specifically recorded it is correct that it is recorded in the statement of Sharanjit Kaur daughter/victim and their honour was A perusal of the FSL report also concludes that human semen Learned State counsel has also filed the custody certificate, which is taken on record. According to the certificate, the petitioner has 1 year and 9 months. As per the custody certificate, one more case bearing FIR No. 249 dated 15.11.2022 has been registered against the petitioner. However, counsel for the petitioner has dated 17.12.2024 passed in FIR 1.2022, in which the petitioner has been acquitted. Considering all the above, and the fact that the testimony of already been placed on record and the medical report is also available, further incarceration of the petitioner would hinder 2 submits that the alleged incident never occurred, and the prosecutrix and Vide order dated 30.07.2025, this Court had directed the to file the FSL report, which has been duly placed on record along with the status report filed by way of affidavit of Sh. Ranbir Division, Sangrur, on earned counsel for the petitioner has also relied upon the 6/ASI Sukhpal Singh, in which it is specifically recorded Kaur was A perusal of the FSL report also concludes that human semen Learned State counsel has also filed the custody certificate, ficate, the petitioner has As per the custody certificate, one more case bearing FIR No. 249 dated 15.11.2022 has been registered against the petitioner. However, counsel for the petitioner has passed in FIR Considering all the above, and the fact that the testimony of already been placed on record and the medical r would hinder MANJU 2025.08.12 17:50 I agree to specified portions of this document CRM-M-3208 his ability to prepare an effective defenc the trial, much less any pressure or coercive influence on the witnesses, as the material witnesses have already been examined. Since the trial is likely to take some time, no useful purpose would be served by keeping the petitioner in custody. Hence, the petitioner is entitled to the concession of regular bail. 8. petition is allowed and the petitioner is ordered to be released on bail required in any other case satisfaction of the trial Court/Duty Magi however, be released on the following conditions i. ii. iii. imposed in addition to Section 3208-2025 (O&M) y to prepare an effective defence. There is no flight risk or threat to the trial, much less any pressure or coercive influence on the witnesses, as the material witnesses have already been examined. Since the trial is likely ke some time, no useful purpose would be served by keeping the petitioner in custody. Hence, the petitioner is entitled to the concession of regular bail. Without commenting upon the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail required in any other case by furnishing bail bonds and satisfaction of the trial Court/Duty Magistrate however, be released on the following conditions The petitioner shall declare his ordinary place of residence and the mobile number used by him. The petitioner will not switch off his mobile and in case of any technical glitch, he has to give an alternate number, which will be available in his absence. The petitioner will not leave the country without the prior permission of the Court, for which he will submit the copy of his passport also. However, in case the petitioner d possess a passport, then he shall file an undertaking to the said effect before being released. The petitioner shall abide by the terms and conditions as imposed in addition to Section 483 of BNSS, 2023 3 e. There is no flight risk or threat to the trial, much less any pressure or coercive influence on the witnesses, as the material witnesses have already been examined. Since the trial is likely ke some time, no useful purpose would be served by keeping the petitioner in custody. Hence, the petitioner is entitled to the concession of ithout commenting upon the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail if not furnishing bail bonds and surety bonds to the strate/CJM, concerned. He shall, however, be released on the following conditions: The petitioner shall declare his ordinary place of residence and the mobile number used by him. The petitioner will not switch off his mobile and in case of any itch, he has to give an alternate number, which will The petitioner will not leave the country without the prior permission of the Court, for which he will submit the copy of his passport also. However, in case the petitioner does not possess a passport, then he shall file an undertaking to the said The petitioner shall abide by the terms and conditions as BNSS, 2023. 3 e. There is no flight risk or threat to the trial, much less any pressure or coercive influence on the witnesses, as the material witnesses have already been examined. Since the trial is likely ke some time, no useful purpose would be served by keeping the petitioner in custody. Hence, the petitioner is entitled to the concession of ithout commenting upon the merits of the case, the present if not to the , concerned. He shall, The petitioner shall declare his ordinary place of residence and The petitioner will not switch off his mobile and in case of any itch, he has to give an alternate number, which will The petitioner will not leave the country without the prior permission of the Court, for which he will submit the copy of oes not possess a passport, then he shall file an undertaking to the said The petitioner shall abide by the terms and conditions as MANJU 2025.08.12 17:50 I agree to specified portions of this document CRM-M-3208 9. involved in any such activity once again, the State is at liberty to promptly move an appropriate application for cancellation of bail detailing out the circumstances and violation of conditions of bail 10. expression of opinion on the merits of the case. 11. parity qua any other co August 12, 202 manju 3208-2025 (O&M) It is further made clear that, in involved in any such activity once again, the State is at liberty to promptly move an appropriate application for cancellation of bail detailing out the circumstances and violation of conditions of bail However, nothing stated above shall be construed as a final expression of opinion on the merits of the case. It is further made clear that this order shall not be construed as any other co-accused. , 2025 Whether speaking/reasoned: Whether Reportable:- 4 made clear that, in case, the petitioner is found involved in any such activity once again, the State is at liberty to promptly move an appropriate application for cancellation of bail detailing out the circumstances and violation of conditions of bail. stated above shall be construed as a final expression of opinion on the merits of the case. made clear that this order shall not be construed as (ALOK JAIN) JUDGE Whether speaking/reasoned:- Yes/No Yes/No 4 case, the petitioner is found involved in any such activity once again, the State is at liberty to promptly move an appropriate application for cancellation of bail detailing out the stated above shall be construed as a final made clear that this order shall not be construed as MANJU 2025.08.12 17:50 I agree to specified portions of this document