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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (148) CRM-M-66989-2025 Date of Decision: 05.03.2026 GAGANDEEP @ GAGNA ......Petitioner Versus STATE OF PUNJAB .....Respondent
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. M.S. Kathuria, Advocate for the petitioner(s). Mr. Yadwinder Singh, AAG, Punjab. **** KIRTI SINGH
, J. (ORAL)
1. The jurisdiction of this Court under Section 483 of BNSS has been invoked for grant of regular bail to the petitioner in case FIR No. 85 dated 12.11.2024 under Section 65(1) of BNS and Section 6 of POCSO Act, registered at Police Station Ladhowal, Ludhiana. 2. The translated version of the FIR is reproduced below:-
“Statement of xxx wife Ladi resident of village Talwandi Kalan, police station Ladhuwal district Ludhiana. Aged about 25 years M: Number 959219xxxx stated that I am a resident of the above-mentioned address and am a housewife. My husband Ladi had gone to Dubai around 03 months ago. I have a son who is about 05 years old and I and my son Armaan Sohal were both living in the house. When I had to go out to do daily wage work and there was no one to take care of my child, due to which I brought my sister xxxx daughter of Kuldeep Ram resident of Jandiala, Tehsil Banga, district Nawanshahar who is about 14 years and 11 months old to take care of my child. On 11.11.2024, my son and my sister xxxx had gone to sleep after eating, so it must have been around 11:15 PM when I suddenly opened my eyes and saw that my sister xxxx was not on the bed. So I climbed on the roof and flashed my mobile phone and shouted to search for xxxx. Then I saw that xxxx had climbed on the wall of the vacant house next to us and came to our house and started saying that someone had come home. When I flashed my mobile phone and saw that it was Gagandeep alias Gagna, son of Ram Pal, resident of village Talwandi Kalan, district Ludhiana. When I called him Gagna and shouted, RITIKA 2026.03.07 10:54 I attest to the accuracy and integrity of this document Chandigarh
he jumped over the wall and ran outside in fear. Then I made my sister xxxx sit down and asked her, at first, she was afraid and did not tell me anything, then I made her sit down lovingly and asked her what happened to her. Why are you afraid?
xxxx told me that the day I came to you, Gagandeep alias Gagna was behind me and was forcibly asking me to give him my phone number and talk to him. On my refusal, Gagandeep alias Gagna threatened me that I will pick you up from home. I was afraid, so I took his phone number 95921-98201 and we started talking on your phone. In the last two-three months, Gagandeep alias Gagna tried to call me out many times but somehow, I kept avoiding him. On 11.11.2024, when we were talking on the phone, Gagandeep alias Gagna was repeatedly calling me out to meet him, so on my refusal to come out of the house, Gagandeep alias Gagna threatened me that he would enter the house and take you away. I was scared. It was around 10.30 PM. After you went to sleep, I climbed the stairs of the house to the attic and went down the stairs of the empty house next door and entered the house next door. Gagandeep alias Gagna forcibly took me to an empty room there and when I tried to shout, he closed my mouth and I tried to free myself from him, but he forcibly had sexual intercourse with me (forcibly). In the meanwhile, you flashed your mobile and called out my name, then Gagandeep alias Gagna lat go off me and I came home by climbing the wall and he also ran away by climbing the wall in fear. xxxx told me about this whole incident. The next day, I told the whole story to the former Sarpanch of my village, Manjit Singh alias Lovely. Now, I along with the former Sarpanch Manjit Singh came to the police station and got my statement written to you, I listened to it, which is correct. Signed/- xxxx confirmed Manjit Singh alias Lovely verification Parvinder Kaur L/SI In charge Women Cell ZONE - 4 Ludhiana Date 12.11.2024”
3.
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!# It is further submitted that the material witnesses in the present case have already been examined. Learned RITIKA 2026.03.07 10:54 I attest to the accuracy and integrity of this document Chandigarh
counsel submits that the 37 year old petitioner has already undergone an actual custody of 01 year 02 months and 17 days. 4. Per contra, learned State counsel has vehemently opposed the
submissions made by the learned counsel for the petitioner. He states that the petitioner was actively involved in the commission of the offence. He 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 year 02 months and 17 days. The learned State counsel, on instructions from official concerned, submits that in the present case, charges were framed on 10.02.2025 and out of total 20 prosecution witnesses, 02 have been examined till date. Moreover, there are three other FIRs registered against the petitioner. He submits that in view of the serious allegations against the petitioner, he is not entitled to the concession of regular bail. 5. Heard the rival submissions made by learned counsel for the parties. 6. +
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JUDGE March 05, 2026 Ritika Whether speaking/reasoned : Yes/No Whether reportable : Yes/No RITIKA 2026.03.07 10:54 I attest to the accuracy and integrity of this document Chandigarh