JUDGMENT : 

NEERJA K. KALSON , J .

1. The present petition has been filed under Section 483 of the Bhartiya Nagarik Suraksha Sanita, 2023 seeking grant of regular bail to the petitioner in case bearing FIR No. 40 dated 19.07.2024 (Annexure P-1), under Section 137(2), 87 of BNS, 2023 (offence under Section 65(1) BNS, 2023 and Section 6 POCSO Act added later on), registered at Police Station Verowal, District Tarn Taran, Punjab.

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

“Statement of xxxxxxx, son of xxxxxxx, son of xxxxxx, resident of xxxxxx, age about xxxx years, mobile number xxxxxxxx, stated that I am a resident of the above address and do labour work. On date 17.07.2024, there was a fair of Pir Baba Kade Shah Ji in our village, where I and my entire family-my wife xxxxxx, elder daughter xxxxx, wife of xxxxx, resident of xxxxx; the daughter younger than her xxxxxx, wife of xxxxx, resident of xxxxx; younger than her xxxxxx, wife of xxxxxx, resident of xxxxxx, younger than her daughter xxxxxx, whose age as per Aadhaar Card No. xxxxxxx is xxxx years, who is still unmarried and has studied up to 7th class from Government High School Kot Mehtab, now does not go to school and does household work, younger than her son xxxxx, and the youngest daughter xxxxxx- had gone to see the fair. I and my entire family, after seeing the fair, returned home at about 06:00 PM, but my daughter xxxxx, whose age is about 14/15 years, did not return home. To search for her, I along with my family again went back to the fair, where the girl xxxxxx was not found anywhere. Thereafter, till now, I went to all my relatives and searched for the girl, but my daughter xxxxx was not found. Regarding which, today I along with xxxxx, son of xxxxx, resident of Bhallojla, have come personally to give information. My daughter xxxxxx has been enticed and taken away from the fair by some unknown person.”

3. Learned counsel for the petitioner submits that the challan was presented on 19.10.2024 and charges were framed on 20.11.2024. It is further submitted that a total of 14 prosecution witnesses have been cited by the prosecution, out of which the material witnesses have already been examined; however, the trial is yet to conclude. Learned counsel submits that PW2 (father of the prosecutrix), PW3 (prosecutrix) and PW4 (mother of the prosecutrix) are material witnesses, and they have not supported the case of the prosecution and have been declared hostile.

4. It is further submitted that the prosecutrix (PW3), in her deposition, has not supported the prosecution case and has denied all material suggestions put to her, including the allegations of rape and aggravated penetrative sexual assault, and has stated that she is neither resiling from her earlier statement nor suppressing any material facts, nor deposing falsely.

5. Learned counsel further submits that the accused intended to solemnize marriage with the prosecutrix upon her attaining the age of majority; however, the family members of the prosecutrix were opposed to the said alliance and intended to marry her elsewhere. Learned counsel for the petitioner finally submits that he has no criminal antecedents and there is no likelihood of the petitioner fleeing from justice or absconding if released on bail.

6. 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 regular bail.

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

8. The petitioner was arrested on 25.08.2024, whereinafter the investigation was carried out and the challan stands presented on 19.10.2024. The trial is likely to take a considerable period of time. It is indubitable that the petitioner has already suffered incarceration since 25.08.2024, for a period of 01 year, 07 months and 04 days with the trial nowhere likely