JUDGMENT :

Sumeet Goel, J.

On 16.09.2024, the following order was passed by this Court:

'1. The present petition has been filed under Section 439 of Cr.P.C., 1973 by petitioner - Jobanjit Singh @ Vijay @ Joban for grant of regular bail to him in FIR No.55 dated 07.11.2023 under Sections 363, 366- A, 376 and 120-B of IPC and under Section 6 of POCSO Act, registered at Police Station Mattewal, District Amritsar Rural.

2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-

3. Learned counsel for the petitioner has argued that the prime role ascribed to the petitioner (herein) is that he has helped his brother namely Ajay Pal Singh in enticing away the victim as also committing sexual assault upon her. Learned counsel has further argued that the petitioner is in custody since 14.12.2023. It has been further argued that the co-accused namely Ajay Pal Singh and the victim were on friendly terms & the petitioner (herein) has been falsely implicated into the FIR in question. According to learned counsel, the testimonies of the prime prosecution witnesses i.e. the victim as also her mother, stand already recorded and hence there is no likelihood of the petitioner interfering with the prosecution evidence. In this view of the matter, learned counsel has prayed for grant of regular bail.

4. Learned State counsel has opposed the present petition arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 12.09.2024 in Court, which is taken on record.

5. I have heard counsel for the parties and have gone through the available records of the case.

6. The petitioner was arrested on 14.12.2023 where in after investigation was carried out; challan was presented on 25.01.2024 and charges were framed on 21.02.2024. Total 19 prosecution witnesses have been cited, out of which 04 witnesses already stands examined and hence culmination of the trial will take its own time. It is not disputed that the testimonies of the prime prosecution witnesses namely the victim as also the mother of the victim already stand recorded as prosecution witness. The rival contention of learned counsel for the parties; as to whether there was friendly relation between co-accused (i.e. Ajay Pal Singh) and the victim as also whether the petitioner has been falsely implicated into the FIR in question; shall be gone into during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the process of justice or interfering with the remaining prosecution evidence. As per custody certificate dated 12.09.2024 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 08 months and 28 days & is not shown to be involved in any other case.

7. Keeping in view the totality of the facts and circumstances of the case, the petitioner is ordered to be released on interim regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate till the next date of hearing. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:-

8. There is another aspect of the matter which craves attention of this Court.

8.1 On 20.08.2024, the following order was passed by this Court, which reads as under:

8.2 The explanation dated 04.09.2024 has been received from the trial Court which reads as under:

8.3 A note has also been put by the Registrar (Vigilance), as directed for earlier.

8.4 This Court has ratiocinated upon the explanation rendered by