JUDGMENT :

Sumeet Goel, J. (Oral)

The instant petition has been filed on 12.07.2024 under Section 439 of Cr.P.C., 1973 for grant of regular bail.

As per the judgment rendered by this Court titled 'Abhishek Jain Vs. State of U.T. Chandigarh and another' (CRM-M-31808-2024) 2024 PHHC 085784, the instant petition is not maintainable under Section 439 of Cr.P.C., 1973. However, keeping in view the entirety of facts and circumstances of the case especially that the instant petition pertains to regular bail, the instant petition is directed to be considered as a petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023.

1. Present petition has been filed for grant of regular bail to the petitioner in case bearing FIR No.199 dated 18.08.2022, registered for the offences punishable under Sections 376/506 of IPC and Sections 5 and 6 of POCSO Act at Police Station Lambi, District Sri Muktsar Sahib.

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

'Statement of Amandeep Kaur d/o Piara Singh r/o Channu aged about 14 ^1/2 years mobile no. 70XXXXXXX stated that I am resident of aforementioned address and studying in 9th class in government school of our village and I have one brother aged about 12 years. My father got expired about two years ago and my mother Shinder Pal Kaur took us to village Dabwali, where her maternal uncle was residing and lived there for 1% years. About 6 months back, my grandmother and her paternal aunt Paramjit Kaur took us to village Channu and she started residing there. In our home, my Paternal uncle Ranjit Singh is residing in separate house alongwith his three daughters. On 16.08.2022, on Tuesday night, when I was sleeping on cot in our courtyard my uncle picked me and took me to his room, due which I got awaken. Then I tried to raise screams but he put his hand on my mouth and then committed rape with me against my wishes without my consent. Thereafter, I came back to my cot. Next day, when I was getting ready for school, then my uncle Ranjit Singh threatened me of dire consequences. I disclosed whole incident to my mother, who admitted me to Civil Hospital, Lambi and doctor conducted my medical. On these allegations, necessary legal action be taken against my uncle Ranjit Singh and justice be granted to me "

3. Learned counsel for the petitioner has argued that the petitioner is in custody since 19.08.2022. Learned counsel for the petitioner has further argued that the challan qua the FIR in question was presented on 04.10.2022 whereinafter charges were framed on 09.01.2023 but no prosecution witness has been examined till date. Learned counsel for the petitioner has relied upon the zimni/interim orders passed by the trial Court on 26.10.2023, 18.03.2024, 10.05.2024 and 12.02.2024 to substantiate her argument that no prosecution witness is coming forward to have the testimony recorded and no fault can be attributed to the petitioner in this regard.

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.

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

6. The petitioner was arrested on 19.08.2022 whereinafter investigation was carried out & challan was presented on 04.10.2022. Total 22 prosecution witnesses have been cited. A perusal of the zimni orders dated 26.10.2023, 18.03.2024, 10.05.2024 and 12.02.2024 shows that no prosecution witness has been examined in the trial undertaken against the petitioner after framing of charges on 09.01.2023 whereas the petitioner is in custody since 19.08.2022. Indubitably, the petitioner is an accused of serious offence but at the same time the petitioner cannot be kept into indefinite custody where there is no effective progress in the trial. It would be apposite to refer herein to a judgment passed by the Hon'ble Supreme Cour