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2025 Supreme(Online)(P&H) 9607

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 24.03.2026 AAKASHDEEP SINGH ALIAS NIKKA SINGH ......Petitioner Versus STATE OF PUNJAB AND ANOTHER .....Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Armaan Gagneja, Advocate for the petitioner.

Mr. Luvinder Sofat, Sr. DAG, Punjab.

****

KIRTI SINGH , J. (ORAL)

1. The jurisdiction of this Court under Section 483 BNSS has been invoked for grant of regular bail to the petitioner in case FIR No. 22 dated 22.04.2025, registered under Sections 137(2), 96, 61(2) of BNS (later on added Section 64 of BNS and Sections 3 & 4 of POCSO Act vide DDR No.15 dated 15.07.2025; Section 87 of BNS added and Section 96 of BNS deleted vide GD No.22 dated 05.09.2025), at Police Station Lakhewali, District Sri Muktsar Sahib.

2. The translated version of the FIR is reproduced below:-

“Statement of complainant Tarsem Singh son of Nachhatar Singh son of Jagnaam Singh resident of Village Chibbarawali, aged about 35 years, Mobile No. 62804-xxxxx, stated as under: "I am the resident of the above-stated address and I work as to a labourer. My marriage was solemnized about 16 years ago with xxxxx daughter of Gurcharan Singh resident of Wara Daraka, according customary rites. From this wedlock, 05 children were born, among whom the eldest is daughter xxxxxx aged about 14 years 08 months, then younger daughter xxxxxx aged about '13 years, then younger daughter xxxxxx aged about 12 years, then younger daughter xxxxxx aged about 08 years, and the youngest son is Shivdeep Singh aged about 05 years. All my children study in the Government School of our village. My eldest daughter xxxxxx was studying in 10th class in Government High School, Chibbarawali, our village, and her date of birth is 31.08.2010. On 17.04.2025, my eldest daughter xxxxxx, as per routine, went from home to school at about 07:45 AM, but after the school was over, she did not return home. I kept on searching and inquiring along with my relatives and near ones. Now I am fully convinced that my daughter xxxxxxx has been enticed away and allured into running away by Jashandeep Singh son of Nachhatar Singh alias Chhatti resident of Village Chibbarawali, on the pretext of marriage. I have also come to know that in abducting my daughter xxxxx along with the above said boy Jashandeep is complete there Singh, involvement of Nikka Singh son of Raja Singh resident of Chibbarawali, who has taken away both my daughter xxxxxxx and the above said boy Jashandeep Singh on his motorcycle and is with them. Legal action be taken against above said Jashandeep Singh and Nikka Singh, and my daughter am xxxxxxx be recovered. I producing before you the original Birth Certificate of my daughter in relation to her date of birth. Today, I along with Gurdev Singh Panch son of Daan Singh resident of Village Chibbarawali, have come present the Police Station at to give information regarding the aforesaid matter. Your goodself has recorded my statement, read over and explained the same to me, which I found correct. I am the complainant. Legal action be taken. Sd/- Tarsem Singh (Complainant) Attested Witness: Sd/- Gurdev Singh Panch son of Daan Singh resident of Village Chibbarawali Verified Sd/- Harnek Singh, ASI, Police Station Lakhewali Dated 22.04.2025”

3. Learned counsel for the petitioner submits that the petitioner, aged about 20 years, has been falsely implicated in the present case on the basis of a complaint lodged by the father of the prosecutrix, alleging therein that the petitioner had aided the main accused in enticing away his daughter on the pretext of marriage. It is contended that the ingredients of the alleged offences are not made out against the petitioner. The alleged offence, if any, is only attributable to the main accused. Moreover, even the prosecutrix in her statement recorded under Section 183 of BNSS, has not supported the case of the prosecution and has failed to attribute any incriminating role to the petitioner. Lear

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