CRM-M-44842 of 2025(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-44842 of 2025(O&M) Date of Order:16.09.2025 Jaswinder Singh @ Kaka ..Petitioner Versus State of Punjab ..Respondent CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Atul Goyal, Advocate for the petitioner. Mr. Kunwarbir Singh, AAG, Punjab Mr. Parvez Chugh, Advocate for respondent no.2. SHALINI SINGH NAGPAL , JUDGE Petitioner seeks regular bail in case vide FIR No.107, dated 10.07.2024, under Section 74, 75 of Bhartiya Nyaya Sanhita (BNS), 2023 and Section 12 of Protection of Children from Sexual Offences Act, 2012, Police Station Lambi, District Shri Muktsar Sahib. This is his first petition for regular bail. Case was registered on complaint of 'M', who stated that on 03.07.2024, at about 4:00 pm, he had taken his minor daughter, aged 6 years to the land of Jatinder Singh in village 'K', which he was cultivating. The child was sitting on a cot under a tree, while he was working at distance of 5 killas. At about 6.30pm, when he went near the child, he found her crying. His neighbour Mandeep Kaur told him that at about 4:30 pm, Jaswinder Singh @ Kaka son of Harcharan Singh was standing near the girl and was NARESH KUMAR 2025.09.17 14:37 I attest to the accuracy and integrity of this document CRM-M-44842 of 2025(O&M) -2- looking at her body, after removing her trouser. When she stopped him, he ran away. His daughter also narrated the incident to him. It has been argued that petitioner had been falsely implicated in the case. Initially, after investigation, when no concrete evidence was found against the petitioner, cancellation report was submitted. However, the said report was rejected by the Court and cognizance was taken. It is further submitted that during trial of the case, the informant, father of the minor child, eye witness and the child victim, all resiled from prosecution case and did not inculpate the petitioner. Further the petitioner was in judicial custody in the case with effect from 11.07.2024. Prayer is made for release of petitioner on regular bail. Learned State counsel has opposed the prayer for bail and has placed on record custody certificate along with the status report. Mr. Parvez Chugh, learned counsel for the complainant has put in appearance. He does not oppose the prayer for bail. Petitioner is in judicial custody in the case for the last more than one year and two months. Statements of father of the victim, alleged eye witness and the child victim have been recorded during trial of the case. Copies of the depositions are on record. The statements are not incriminating. Trial may take some time to conclude. Considering all relevant facts and circumstances of the case, further detention of the petitioner is not warranted. The petitioner is ordered to be released on regular bail subject to his furnishing adequate bail and surety bonds to the satisfaction of trial Court/Duty Magistrate. Nothing observed hereinabove shall be construed as expression NARESH KUMAR 2025.09.17 14:37 I attest to the accuracy and integrity of this document CRM-M-44842 of 2025(O&M) -3- of opinion on merits of the case. All the pending miscellaneous applications, if any, stand disposed of. (SHALINI SINGH NAGPAL) JUDGE 16th September, 2025 nt Whether speaking/reasoned : Yes/No Whether reportable : Yes/No NARESH KUMAR 2025.09.17 14:37 I attest to the accuracy and integrity of this document