IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 24.03.2026 JAGGA SINGH @ JAGPREET SINGH ......Petitioner Versus STATE OF PUNJAB .....Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Ms. Jigyasa Kharbanda, Advocate for the petitioner.

Ms. Aakanksha Gupta, AAG, Punjab.

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KIRTI SINGH , J. (ORAL)

1. This is the second petition filed under Section 483 BNSS seeking grant of regular bail to the petitioner in case FIR No.52 dated 17.05.2024 under Sections 346 and 34 of IPC (Sections 363 and 366-A of IPC added later on), registered at Police Station Sadar Malout, District Sri Muktsar Sahib.

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

“Statement of Surjeet Ram son of Hari Chand son of Kalu Ram, Resident of village Katore wala age about 42 years, mobile number 99146xxxxx. Stated that I am resident of above mentioned address and work as laborer. I got married 22 years ago with Mukti Bhai. I have two children, elder son is Ajay Kumar, who is working in Bank in Bathinda and younger daughter is xxxxxx who has passed class 12th this year and now stay at home. On 15.05.2024 at about 11.00 AM, I and my wife for some household work had gone to the village and my son Ajay Kumar had gone to attend his duty. My daughter xxxxx was alone at home. When I returned to my home at 11:30 AM, I found that my daughter xxxxx was not present in home. Then I tried to find out from neighbors, my brother Amrik Ram told me, that when I was coming towards your home, then our daughter xxxxx was being taken away by three young man on motorcycle no. PB-53-B-3258. We were trying to find them at our own level, and now we have come to know that Jagga Singh @ Jagpreet Singh, son of Dilbag Singh, resident of Harjinder Nagar, Gali No. 4, near Cremation Ground, Malot has enticed my daughter xxxxxxx on pretext of marriage and is hiding her at some place. To hide my daughter, xxxxxx Jagga Singh @ Jagpreet Singh is being helped by Surinder Singh @ Billa son of Kulwant Singh, resident of backside Gandhi Pump, Panjpeer Tiba, Abohar unidentified person. I along with my brother Amrik Singh have come present in the police station and have got recorded our statement. Legal action be taken against them and justice be given to us. Statement has been recorded and has read it. Sd/- Surjeet Ram, LTI Amrik Singh near son of Chand, Hari and one resident of more Village Katorewala (brother) Mobile No. 98141xxxxxx. Attested Sd/-

Satwant Singh ASI P.S. Sadar Malout dated 17.05.2024.”

3. Learned counsel for the petitioner inter alia submits that the 25 year old petitioner has been falsely implicated in the instant FIR on the statement of the father of the prosecutrix, wherein it was alleged that the petitioner along with his two accomplice had enticed his 17 year old daughter away on the pretext of marriage. It is submitted that the prosecutrix and the petitioner were in fact well acquainted with each other. It is the further submission that the prosecutrix in her statement recorded under Section 183 BNSS categorically admitted the fact that she had left the custody of her parents on her own wish, and that the petitioner did not do anything wrong to her; rather she unequivocally expressed her desire to solemnize marriage with the petitioner. Similar stand was taken by the prosecutrix in her testimony as a prosecution witness. There was no element of pressure or coercion at the end of the petitioner. It is submitted that since there was approval-of-fact though not consent-in-law in the present case, as per the own admission of the prosecutrix, and the age difference between the parties is also minimal, a lenient view may be taken towards the petitioner. Moreover, the prosecutrix had even refused to get her medical examination conducted. As such, there is no cogent evidence, medical or otherwise, to substantiate the allegations levelled against the petitioner, who has already undergone an actual custody of 1 year, 6 months and 22 days. There is no other