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. 26 dated 24.02.2024, under Section 376, 376(3) IPC and Section 4 of POCSO Act, (Amended), 2012, 2019, registered at Police Station Satnampura, District Kapurthala (Annexure P-1).

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 xxxxx, daughter of xxxxx, resident of xxxxxx, Police Station Satnampura, Phagwara, District Kapurthala, age about 26 years, mobile number xxxxxx, stated that I am a resident of the above address and I work as a private nurse at Jindal Hospital. My uncle xxxxxx, son of xxxxxx, and my aunt xxxx, who are mentally disturbed, having two daughters. Their elder daughter's name is xxxxxxx, who is about 13 years old and the younger daughter xxxxxx, who is about 7 years old. The date of birth of my uncle's elder daughter xxxxxxx is 05/12/2010. That on 22/02/2024, she left home at around 12:00 and did not return till 02:30, so I started looking for my uncle's daughter xxxxxx, and I came to know that Kamaldeep alias Deepa, son of Darshan Ram, resident of Nanak Nagar, took my uncle's daughter xxxxxxx into his room at his residence. I knocked on the gate of his house many times but he did not open the door and Kamaldeep alias Deepa's sister-in-law Kamaljit Kaur was present at his house. After a while, Kamaldeep alias Deepa, after looking around, take out my uncle's daughter xxxxxxx out of his house. Who was very scared at that time. Whom I took to my house and gave her water etc. to drink. Then, I asked why Kamaldeep alias Deepa took you to his room, who said that I will tell you the whole story later and xxxxxx was very scared and frightened at that time. xxxxxxx told me yesterday that Kamaldeep alias Deepa had called me to his house by shouting and gave me two oranges to eat and took me to the room. Where he forcibly raped me, regarding which I told everything to my father Raj Kumar and my uncle and aunt. I mostly take care of xxxxx. Kamaldeep alias Deepa has forcibly raped my uncle's daughter xxxxx Appropriate legal action should be taken against Kamaldeep alias Deepa.”

3. Learned counsel for the petitioner submits that the petitioner has been in custody since 24.02.2024 i.e. for a period 02 years and 23 days. It is further contended that the present FIR was lodged with an inordinate and unexplained delay of two days. Learned counsel submits that the applicant is a 100% blind person since birth and has duly substantiated the same by placing on record a medical disability certificate issued by the competent authority, (Annexure P-4). It is further submitted that the medico-legal report (MLR) of the alleged victim does not reveal any external or internal injury whatsoever and does not reflect any sign or medical opinion suggestive of penetration, thereby failing to support the essential ingredients of the alleged offence. He further stated that the medical evidence does not corroborate the prosecution version.

4. Learned counsel for the petitioner further submits that the applicant has been in continuous custody for a considerable period and that the trial is likely to take substantial time for its conclusion. It is contended that continued incarceration of the petitioner would amount to pre-trial punishment, which is impermissible in law. It is further submitted that the petitioner has fully cooperated with the investigation and that no other FIR has been registered against him. Learned counsel argues that continued detention would violate the petitioner’s fundamental right to life and personal liberty under Article 21 of the Constitution of India and would subject him to further mental and physical trauma. There is thus no tangible or substantive prosecution evidence warranting the continued incarceration of the petitioner. In view of the a