JUDGMENT :

Sumeet Goel, J.

Present petition has been filed on behalf of the petitioner seeking grant of anticipatory/pre-arrest bail under Sections 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as 'BNSS') in FIR No.50 dated 27.06.2024 registered for offences punishable under Sections 3, 4, 11(ii) of the Protection of Children from Sexual Offences Act (Amended) 2012, 2019 and offence under Sections 6, 10, 15, 16 of Protection of Children from Sexual Offences Act (Amended) 2012, 2019 vide G.D. No.25 dated 25.07.2024 (Annexure P-2) at Police Station Bajakhana, District Faridkot.

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

'Statement of Varinder Singh Son of Naib Singh Son of Ram Singh, resident of Near Dana Mandi, Village Ghania, aged about 34 years, M.No.73408- 55794 stated that I am resident of above-mentioned address and doing the work of Accounts on private basis at Bhagta Bhai Ka. My marriage was solemnized with Sandeep Kaur daughter of Inderjit Singh, resident of Village Sidhana, District Bathinda in the year 2014. I have two sons. Elder Son Wajinder Singh and younger Gursharan Singh. About 4 years ago my wife Sandeep Kaur has developed illicit relations with Gurpreet Singh Son of Paramjit Singh, resident of Bagge Ke Khurd, District Ferozepur. That name was disclosed to me by my wife Sandeep Kaur herself. From last about 4 years my wife is residing in her parent's house. I have found so many obscene photographs of my wife with her paramour Gurpreet Singh from her personal Mobile Phone. In these photographs, my wife was forcefully penetrating private part of her paramour into the mouth of my two years minor son Gursharan Singh. In one photo, after holding hand of my son and giving private part of her paramour Gurpreet Singh. In these manners, these photographs are evidence for crossing the limit of sexual assault with my child by my wife Sandeep Kaur and her paramour Gurpreet Singh and in which committing-sexual assault of my minor child was clearly visible. Upon receiving photos and after publicity of this case in media then my wife is seen for admitting her fault/offence and in which admitting that I have committed mistake. I will produce the record pertaining to this before Hon'ble Court. FIR may kindly be registered under POCSO Act and other strict provisions against my wife Sandeep Kaur and her paramour Gurpreet Singh and proceedings be initiated. Statement got recorded, heard, correct. Legal action be taken against them. Sd/- Varinder Singh above said. Attested Sd/- Sikander Singh S.I./520 FDK, Police Station Bajakhana dated 27.06.2024.'

3. Subsequently, vide GD No.025 dated 25.07.2024, the petitioner (herein) was arraigned as an accused. The same is reproduced as below:-

'Time 06-46 PM. It is mentioned at this time that I, S.I./S.H.O. departed along with colleagues vide Rapat No.19 and come back present in Police Station after investigation in Case/FIR No.50 dated 27.06.2024 under Sections 3, 4, 11 (2) of POCSO Act, Police Station Bajakhana. Secret and open investigation of the case was conducted after reaching Village Ghania. From my inquiry and investigation of the case till now and from the statement of complainant, Sandeep Kaur wife of Varinder Singh, resident of Ghania is found to be involved in the present case. Upon this, the above sald Sandeep Kaur has been nominated as accused in the present case and offence under Sections 06, 10, 15, 16 of POCSO Act has been added in the present case. Further investigation in the present case is to be conducted offence under Sections 3, 4, 11 (2), 06, 10, 15, 16 of POCSO Act. Copy of reports forwarded before Illaqa Magistrate Sahib and higher officers.'

4. Learned counsel for the petitioner has iterated that the petitioner has been falsely implicated in the instant case. Learned counsel has further recapitulated that the narrative in the FIR is contradictory and lacks credibil