ORDER :

MA CHOWDHARY , J.

01. Applicants, through the medium of present bail application moved U/S 483 BNSS seek grant of bail, in a case pending before Trial Court at Samba, arising out of FIR No.28/2024 registered on 24.01.2024 at P/S Samba, for the commission of offences punishable under Sections 363/366/120-B/212 IPC, read with Sections 3/4/17 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’).

02. Facts as pleaded in the application, leading to the filing of the petition are that on 23.01.2024, complainant/respondent no.3 moved an application before SHO, Police Station, Samba that his granddaughter, had gone missing and it has come to his notice that a boy namely Manish used to make phone calls to her and has taken her with him. On this information, FIR No.28/2024 for commission of offence U/S 363 IPC was registered and investigation was assigned to the IO, who went on spot, recorded the statements of witnesses, obtained CDRs/SDRs of some suspicious mobile numbers and conducted search of the girl; that during enquiry, one of the friends of accused namely Surjeet Singh disclosed that on 30.01.2024, accused Sumit Kumar @ Manish called him and told that he has run away with a girl and was in Amritsar; that on further enquiry, a suspicious number was obtained which was being used by one Joginder Singh R/O Amritsar; that house of said Joginder Singh was searched and on enquiry, he stated that he had given shelter to the accused alongwith the victim girl and his brother-in-law namely Swaran Singh had brought both of them to his house; that during enquiry Joginder Singh further disclosed that aunt of accused Sumit Kumar @ Manish namely Suman Devi and his mother namely Nisha Devi were in direct contact with Sumit; that on 28.04.2024, IO arrested Suman Devi and Nisha Devi who during enquiry disclosed that minor girl and accused Sumit are at Baddi Solan; that on 04.05.2024, the minor girl was recovered and arrested accused Sumit Kumar @ Manish.

03. Accused Suman Devi, Nisha Devi and Joginder Singh were bailed out U/Ss 363/366/120-B/212 IPC, during further investigation, statement of other witnesses u/s 161 and 164 CrPC were recorded and offence under Sections 3/4/17 POCSO Act were added, on 11.07.2024, accused Swaran Singh was arrested, IO re-arrested accused Nisha Devi, Suman Devi and Joginder Singh u/s 17 POCSO Act, and concluded the investigation and offences U/Ss 363/366/120-B/212 IPC and 3/4 POCSO Act were proved against the accused Sumit Kumar @ Manish and offences u/s 363/366/120-B/212 IPC 17 POCSO Act were proved against the co-accused including the applicants; that the accused moved trial court seeking release on bail, who vide its order dated 04.03.2025 enlarged the accused-Suman Devi and Nisha Devi on bail, however, the bail application moved by the applicants herein, Joginder Singh and Swaran Singh was rejected. Aggrieved of rejection of their bail plea by the trial court, the applicants have approached this court by way of filing the instant bail application.

04. Pursuant to notice, objections, on behalf of the official respondents, stand filed, perusal whereof would show that offences under Sections U/Ss 363/366/120-B, 212 IPC 17 POCSO Act stand established against the applicants; that the grant of bail in favour of the applicants has been vehemently resisted on the ground that applicants are involved in heinous and non-bailable offences, as such, they cannot seek bail, as a matter of right; that the offences are heinous and carry punishment, which may extend to 10 years; that there is every apprehension that the applicants may jump over the bail. Lastly, it is prayed that relief, as prayed for by the applicants in this application, be rejected.

05. The complainant and the victim, on service of notice, though appeared through complainant, but did not file reply but vehemently opposed the grant of bail in favour of the applicants, during hearing of the bail application.

06. Learned counsel fo