CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA AT 253 Nishan Singh @ Dhillon The State of Punjab CORAM: Present: SUMEET GOEL 1. Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) for grant of 07.05.2024 and Section 2. namely Rajwinder Kaur Amritsar, age two girls two boys Jugraj Singh the alleged day of occurrence complainant Singh had not gone to school. youngest son namely Jugraj Singh -42677-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Nishan Singh @ Dhillon V/s The State of Punjab CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Mr. Ravi Choudhary, Advocate for the petitioner (through Video Conference) Mr. Baljinder Singh Sra, Addl. A.G. Punjab. ***** SUMEET GOEL, J. (Oral) Present petition has been filed Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) for grant of regular bail to the petitioner in case bearing FIR No. 07.05.2024, registered for the offences punishable under Section and Section 6 of the POCSO Act at Police Station The FIR in question was lodged on the statement Rajwinder Kaur w/o Sohna Singh R/o Vil Amritsar, aged 35 years who alleged that she had four two girls namely Harpreet Kaur, aged 15 and Komalpreet Kaur aged 11 and namely Veer Singh aged 10 years and the youngest Jugraj Singh aged 5 years old (victim herein) the alleged day of occurrence i.e. 07.05.2024, complainant had gone to school whereas her Singh had not gone to school. Thereafter, the complainant youngest son namely Jugraj Singh alone at home and went to the city 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-42677-2025 (O&M) Date of decision: 12.08.2025 ....Petitioner ....Respondent JUSTICE SUMEET GOEL Ravi Choudhary, Advocate for the petitioner Mr. Baljinder Singh Sra, Addl. A.G. Punjab. ***** Present petition has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) to the petitioner in case bearing FIR No.109 dated , registered for the offences punishable under Section 377 of IPC at Police Station Gharinda, Amritsar. was lodged on the statement complainant /o Sohna Singh R/o Village Hoshiar Nagar alleged that she had four children, including Harpreet Kaur, aged 15 and Komalpreet Kaur aged 11 and 10 years and the youngest child namely (victim herein). She has further alleged that 07.05.2024, the three children of the whereas her youngest son namely Jugraj Thereafter, the complainant had left alone at home and went to the city 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) dated 377 of IPC complainant Nagar ding Harpreet Kaur, aged 15 and Komalpreet Kaur aged 11 and child namely She has further alleged that on of the Jugraj left her alone at home and went to the city for AJAY KUMAR 2025.08.12 18:35 I attest to the accuracy and integrity of this document CRM-M- work. The she returned home after doing work, were present at home and present at home child namely Jugraj Singh As the complainant came out of her house, she heard the scream youngest son namely Jugraj Singh and when she went little noticed that the sound of the screaming was coming from the house of her neighbour the complainant put a mat on the bed and was doing wrong things with Singh and Nissan Singh alias Dhillon there. When the cry of her her son, the complainant was told that (petitioner herein) thereafter, accused has been registered and investigation ensued. 3. is innocent and has been falsely implicated been further iterated clinching evidence to implicate the petitioner in the alleged offence. It has been further submitted that the petitioner is, in fact, a victim of unfortunate circumstances and has been wrongly implicated by without any justifiable cause or reason. According to learned counsel, there -42677-2025 he husband of the complainant had returned home after doing work, at around 3:00 PM. were present at home and her youngest son namely present at home. On enquiry, the complainant was apprised that her youngest child namely Jugraj Singh (victim herein) As the complainant came out of her house, she heard the scream youngest son namely Jugraj Singh and when she went little noticed that the sound of the screaming was coming from the house of her r namely Rana Singh, son of late Jagtar Singh alias Pappu. When the complainant went to his house, she noticed that the said put a mat on the bed and was doing wrong things with and Nissan Singh alias Dhillon (petitioner herein) . When the complainant reached at the scene of occurrence of her son, both the accused ran her son, the complainant was told that (petitioner herein) had done something wrong at the lettering place and thereafter, accused Rana Singh did it. On these set has been registered and investigation ensued. Learned counsel for the petitioner is innocent and has been falsely implicated been further iterated that the prosecution has failed to produce any cogent or clinching evidence to implicate the petitioner in the alleged offence. It has been further submitted that the petitioner is, in fact, a victim of unfortunate circumstances and has been wrongly implicated by without any justifiable cause or reason. According to learned counsel, there 2 had also gone out for work and when around 3:00 PM., the three children her youngest son namely Jugraj Singh was not plainant was apprised that her youngest (victim herein) had gone outside to eat something. As the complainant came out of her house, she heard the screaming of her youngest son namely Jugraj Singh and when she went little ahead noticed that the sound of the screaming was coming from the house of her Rana Singh, son of late Jagtar Singh alias Pappu. When she noticed that the said Rana Singh had put a mat on the bed and was doing wrong things with her son namely Jugraj (petitioner herein) was also present the complainant reached at the scene of occurrence after hearing son, both the accused ran away. Thereafter, on inquiry from her son, the complainant was told that firstly Nisan Singh alias Dhillon something wrong at the lettering place and On these set of allegations, instant FIR has been registered and investigation ensued. earned counsel for the petitioner has iterated that the petitioner is innocent and has been falsely implicated into the FIR in question. It prosecution has failed to produce any cogent or clinching evidence to implicate the petitioner in the alleged offence. It has been further submitted that the petitioner is, in fact, a victim of unfortunate circumstances and has been wrongly implicated by the investigating agency without any justifiable cause or reason. According to learned counsel, there when three children Jugraj Singh was not plainant was apprised that her youngest had gone outside to eat something. of her ahead she noticed that the sound of the screaming was coming from the house of her Rana Singh, son of late Jagtar Singh alias Pappu. When Rana Singh had namely Jugraj present after hearing Thereafter, on inquiry from Dhillon something wrong at the lettering place and of allegations, instant FIR has iterated that the petitioner . It has prosecution has failed to produce any cogent or clinching evidence to implicate the petitioner in the alleged offence. It has been further submitted that the petitioner is, in fact, a victim of unfortunate the investigating agency without any justifiable cause or reason. According to learned counsel, there AJAY KUMAR 2025.08.12 18:35 I attest to the accuracy and integrity of this document CRM-M- is no eye- has never been observed engaging in any wrongful conduct with the minor child in question. associated to corroborate the narrative of the prosecution. Given that the trial of the present case is likely to be a protracted trial; further incarceration of the petitioner would serve the grant of regular bail is entreated for. 4. petition by arguing that the extremely grave and hein minor child aged about 5 years. his statement to the complainant (his mother) has given a clear and categorical account of the involvement sequence of events. offence squarely attracts the provisions of the Protection of Children from Sexual Offences Act, 2012, carrying stringent punishment. Given the tender age of the victi that if enlarged on bail, the petitioner may influence or intimidate witnesses particularly as the incident occurred within the same locality. seriousness of the allegations, th of witness tampering, the grant of bail at this stage would not be in the interest of justice. the instant petition. 5. gone through the available record of the case. -42677-2025 -witness attributing any overt act to the petitioner and the petitioner has never been observed engaging in any wrongful conduct with the minor child in question. Furthermore, no independent witnesses have been associated to corroborate the narrative of the prosecution. Given that the trial of the present case is likely to be a protracted trial; further incarceration of the petitioner would serve no purpose. On strength of aforesaid submissions, the grant of regular bail is entreated for. Per contra, learned State counsel has opposed the instant petition by arguing that the allegations against the petitioner are of an extremely grave and heinous in nature involving the sexual assault of a minor child aged about 5 years. It has been further iterated that the his statement to the complainant (his mother) has given a clear and categorical account of the involvement sequence of events. According to learned State counsel, t offence squarely attracts the provisions of the Protection of Children from Sexual Offences Act, 2012, carrying stringent punishment. Given the tender age of the victim and the trauma suffered, there exists a strong apprehension that if enlarged on bail, the petitioner may influence or intimidate witnesses particularly as the incident occurred within the same locality. seriousness of the allegations, the prima facie of witness tampering, the grant of bail at this stage would not be in the interest of justice. Accordingly, a prayer has been made for the instant petition. I have heard the learned counsel for the gone through the available record of the case. 3 witness attributing any overt act to the petitioner and the petitioner has never been observed engaging in any wrongful conduct with the minor Furthermore, no independent witnesses have been associated to corroborate the narrative of the prosecution. Given that the trial of the present case is likely to be a protracted trial; further incarceration of no purpose. On strength of aforesaid submissions, State counsel has opposed the instant allegations against the petitioner are of an nature involving the sexual assault of a It has been further iterated that the victim, in his statement to the complainant (his mother) has given a clear and of the petitioner and narrated According to learned State counsel, the nature of the offence squarely attracts the provisions of the Protection of Children from Sexual Offences Act, 2012, carrying stringent punishment. Given the tender m and the trauma suffered, there exists a strong apprehension that if enlarged on bail, the petitioner may influence or intimidate witnesses particularly as the incident occurred within the same locality. In light of the prima facie evidence, and the possibility of witness tampering, the grant of bail at this stage would not be in the Accordingly, a prayer has been made for the dismissal I have heard the learned counsel for the rival parties and have gone through the available record of the case. witness attributing any overt act to the petitioner and the petitioner has never been observed engaging in any wrongful conduct with the minor Furthermore, no independent witnesses have been associated to corroborate the narrative of the prosecution. Given that the trial of the present case is likely to be a protracted trial; further incarceration of no purpose. On strength of aforesaid submissions, State counsel has opposed the instant allegations against the petitioner are of an nature involving the sexual assault of a victim, in his statement to the complainant (his mother) has given a clear and narrated the he nature of the offence squarely attracts the provisions of the Protection of Children from Sexual Offences Act, 2012, carrying stringent punishment. Given the tender m and the trauma suffered, there exists a strong apprehension that if enlarged on bail, the petitioner may influence or intimidate witnesses In light of the evidence, and the possibility of witness tampering, the grant of bail at this stage would not be in the dismissal of and have AJAY KUMAR 2025.08.12 18:35 I attest to the accuracy and integrity of this document CRM-M- 6. serious allegations have been levelled against the petitioner. considered opinion of this Court, t of the victim statements of both the victim and the complainant commission of a serious offence. occurred within the same locality where both the victim and the petitioner reside, thereby substantially increasing the likelihood of the petitioner exercising undue influence, directly or indirectly, over the victim o prosecution witnesses if enlarged on bail. the POCSO Act and the vulnerability of the child victim demand a cautious approach. 7. minors, the C approach bearing in mind not only the severity of the punishment prescribed but also the potential for trauma to the victim and the risk of interference in the due course of justice. petitioner has failed to make out a case for the grant of regular bail at this stage. The seriousness of the allegations and the potential impact on the trial outweigh the grounds raised in the considered opinion that the petitioner is not entitled to the concession of regular bail. 8. (i) dismissed. -42677-2025 As per the case put forth in the FIR in question, indubitably, serious allegations have been levelled against the petitioner. ed opinion of this Court, the nature of the allegations of the victim coupled with the direct implication of the petitioner in the statements of both the victim and the complainant commission of a serious offence. The alleged incident is stated to have occurred within the same locality where both the victim and the petitioner reside, thereby substantially increasing the likelihood of the petitioner exercising undue influence, directly or indirectly, over the victim o prosecution witnesses if enlarged on bail. the POCSO Act and the vulnerability of the child victim demand a cautious approach. It is well-settled that in cases involving sexua minors, the Courts are required to adopt a cautious and circumspect approach bearing in mind not only the severity of the punishment prescribed but also the potential for trauma to the victim and the risk of interference in the due course of justice. In the considered opi petitioner has failed to make out a case for the grant of regular bail at this stage. The seriousness of the allegations and the potential impact on the trial outweigh the grounds raised in the petition and accordingly, the considered opinion that the petitioner is not entitled to the concession of regular bail. As a sequel to the aforesaid discussion, it is directed as follows: The petition in hand is devoid of merits and is hereby dismissed. 4 As per the case put forth in the FIR in question, indubitably, serious allegations have been levelled against the petitioner. In the he nature of the allegations as also the age the direct implication of the petitioner in the statements of both the victim and the complainant prima facie disclose the he alleged incident is stated to have occurred within the same locality where both the victim and the petitioner reside, thereby substantially increasing the likelihood of the petitioner exercising undue influence, directly or indirectly, over the victim or other prosecution witnesses if enlarged on bail. The gravity of the offence under the POCSO Act and the vulnerability of the child victim demand a cautious settled that in cases involving sexual offences against ts are required to adopt a cautious and circumspect approach bearing in mind not only the severity of the punishment prescribed but also the potential for trauma to the victim and the risk of interference in In the considered opinion of this Court, the petitioner has failed to make out a case for the grant of regular bail at this stage. The seriousness of the allegations and the potential impact on the trial the petition and accordingly, this Court is of the considered opinion that the petitioner is not entitled to the concession of As a sequel to the aforesaid discussion, it is directed as follows: is devoid of merits and is hereby As per the case put forth in the FIR in question, indubitably, In the the age the direct implication of the petitioner in the disclose the he alleged incident is stated to have occurred within the same locality where both the victim and the petitioner reside, thereby substantially increasing the likelihood of the petitioner r other The gravity of the offence under the POCSO Act and the vulnerability of the child victim demand a cautious l offences against ts are required to adopt a cautious and circumspect approach bearing in mind not only the severity of the punishment prescribed but also the potential for trauma to the victim and the risk of interference in nion of this Court, the petitioner has failed to make out a case for the grant of regular bail at this stage. The seriousness of the allegations and the potential impact on the trial s of the considered opinion that the petitioner is not entitled to the concession of As a sequel to the aforesaid discussion, it is directed as follows: is devoid of merits and is hereby AJAY KUMAR 2025.08.12 18:35 I attest to the accuracy and integrity of this document CRM-M- (ii) shall not have any effect on merits of the case and as also the being influenced with this order. (iii) August 12 Ajay -42677-2025 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. August 12, 2025 Whether speaking/reasoned: Whether reportable: 5 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 ding application(s), if any, shall also stand disposed of. (SUMEET GOEL) JUDGE Yes/No Yes/No observations made and/or submissions noted hereinabove the investigating agency without AJAY KUMAR 2025.08.12 18:35 I attest to the accuracy and integrity of this document