218 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM-M-16979-2026 (O&M) Date of Decision : 23.07.2026 Jinder Singh @ Harjinder Singh ....Petitioner VERSUS State of Punjab ....Respondent CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present: Mr. Nitish Garg, Advocate for the petitioner. Mr. Amit Rana, Sr. DAG Punjab. -.- N.S.SHEKHAWAT J. (Oral) 1. The petitioner has filed the instant petition under Section 439 of the Cr.P.C. with a prayer to grant regular bail in case FIR No.38 dated 21.02.2022 registered under Sections 377 IPC and Section 5/6 of POCSO Act and Section 04 of POCSO at Police Station Lambi, District Sri Muktsar Sahib. 2. The FIR was registered on the basis of the statement made by Amlok Singh and the same has been reproduced as under :- "Statement of Amolak Singh son of Suba Singh son of Avtar Singh, resident of Village Vanwala Anuka, aged about 32 years, Phone No. 97802-25863. Stated that I am resident of the above mentioned address and doing the work of agriculture. I have land measuring 10/12 acres, for getting conducted agriculture/cultivation of which I have since deployed Harjinder Singh son of Gurmail Singh son of Bhagwan Singh, resident of Vanwala Anuka on daily basis for one year as daily wager, who has been coming to our work for the last about 7 TRIPTI SAINI 2026.07.24 15:49 I attest to the accuracy and integrity of this document CRM-M-16979-2026 (O&M) -2- months. Today on 21.02.2022, I and my father Suba Singh for our personal work had gone on our tractor to Mandi Dabwali. In our house, my mother Amarjeet Kaur, my wife Sandeep Kaur and my son Ekamjot Singh aged about 05 years were there. Today at about 3:30 PM, we came back to the house, then I by stopping the tractor went to the backside Cattle Haveli in order to urinate, then I heard that my son had been crying, the lower of my son was put off and the pant of the above mentioned Hajinder Singh was put off and had been committing forcible sex with my son Ekamjot Singh. On seeing me and my father Suba Singh, Harjinder Singh after having been perplexed all of a sudden fled away through the backside gate of our house. I handled my child Ekamjot Singh and my father Suba Singh drank water to him. My son kept on weeping for 5/6 minutes and kept on making a long low sound of pain. Thereafter he told that Harjinder Singh after taking out his penis upon putting off my pant penetrated the same in my anus (place of defecation). I kept on weeping. Then I raised raula loudly in anger, upon hearing my raula, the son of my elder paternal uncle namely Nirlep Singh son of Ajit Singh also came from the nearby field. On seeing the condition of the child, I and the son of my elder paternal uncle and my father after making arrangement of a conveyance got admitted my son in CH Lambi, where his treatment has been going on. Legal action may kindly be taken against Harjinder Singh son of Gurmail Singh, resident of Vanwala Anuka. The statement has been got recorded, heard, the same is correct. Sd/- Anmolak Singh” 3. Learned counsel for the petitioner contends that the petitioner has been falsely involved in the present case and was arrested on 22.02.2022. He further submits that now during the course of trial, only 07 witness, out of total 27 witnesses have been examined so far and the trial TRIPTI SAINI 2026.07.24 15:49 I attest to the accuracy and integrity of this document CRM-M-16979-2026 (O&M) -3- Court may take substantial period in concluding the trial proceedings. He further submits that the petitioner has already suffered incarceration for period of more than 04 years and 05 months and the prosecution has made every attempt to delay the trial as in the past 04 years and 05 months only 7 witnesses have been examined by the prosecution. 4. On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that serious allegations have been levelled against the present petitioner and he does not deserve the concession of regular bail. Learned State counsel further contends that 02 more cases have been registered against him, therefore, the present petition deserves to be dismissed by this Court. 5. I have heard the learned counsel for the parties and perused the record with their assistance. 6. No doubt the allegations levelled by the complainant against the present petitioner are serious in nature, but this Court cannot be oblivious of the fact that the petitioner is in custody for the last more than 04 years and 05 months and he cannot be detained as an under trial prisoner for an indefinite period. Even the apprehension expressed by the learned State counsel that the petitioner may abscond from the process of law can be allayed by imposing stringent conditions of bail upon him. 7. Without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial on his furnishing bail bonds and surety to the satisfaction of the TRIPTI SAINI 2026.07.24 15:49 I attest to the accuracy and integrity of this document CRM-M-16979-2026 (O&M) -4- concerned trial Court/ Duty Magistrate/Chief Judicial Magistrate subject to the following conditions:- (i) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him to disclose such facts to the Court or to any other authority. (ii) The petitioner shall remain present before the Court on the dates fixed for hearing of the case. (iii) The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned. (iv) The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect. (v) The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court. (vi) In case, the petitioner is involved in any other criminal activity, during the pendency of the trial, it shall be viewed seriously. (vii) The concerned Court may insist on two heavy local suretiesand may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner. 8. In case, the petitioner violates any of the conditions mentioned above, it shall be viewed seriously and the concession of bail granted to him shall be liable to be cancelled and the prosecution shall be at liberty to move an application in this regard. TRIPTI SAINI 2026.07.24 15:49 I attest to the accuracy and integrity of this document CRM-M-16979-2026 (O&M) -5- 9. Pending application(s), if any, is/are disposed of. July 23, 2026 (N.S.SHEKHAWAT) tripti JUDGE Whether speaking/non-speaking : Speaking Whether reportable : Yes/No TRIPTI SAINI 2026.07.24 15:49 I attest to the accuracy and integrity of this document