IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 10.09.2025 RANJEET ......Petitioner Versus STATE OF PUNJAB .....Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Gaurav Tyagi, Advocate for the petitioner.

Mr. Luvinder Sofat, Sr. DAG, Punjab.

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KIRTI SINGH , J. (ORAL)

CRM-36157-2025 Allowed as prayed for subject to all just exceptions.

Main case

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.73 dated 27.03.2025 under Sections 96 and 137(2) of BNS (Section 64 of BNS added later on), and Section 4(1) of POCSO Act, registered at Police Station Dera Bassi, District SAS Nagar.

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

“Copy statement, "Statement of Jatinder Kumar son of Mahesh Kumar resident near Inter College Shub Devi, Holi Chowk Mohalla, Hassanpur, Police Station Hassanpur, District Amroha, U.P. Current tenant V.K. Rai, Back Side Sheetla Mata Mandir, Pandawala Mod Mubarikpur Police Station Derabassi District SAS Nagar Mob No: 99882-xxxxx, 98159-xxxxx, stated that I am a resident of the above address and I work at the repair workshop of Pok Line JCB near Saini Dharam Kanda, we are 04 siblings. Out of which 03 are sisters and one is me. My eldest sister's name is xxxx, who is married, I am younger than her, my younger sister is xxxxx, whose date of birth is 17- 08-2009 who is studying in 9^th class at DAV School Derabassi and my youngest sister is xxxxx who is studying in 8th class at DAV School. On 23-03-2025 at around 09:00 A.M. my sister xxxx, age around 16 years, who had gone home saying that I have to get the NOC form from Derabassi and has gone from home and has not returned home till now. My parents went to relatives and many other places to find my sister xxxxx, but there was no clue about my sister xxxxx. I suspect that some unknown person has lured my sister xxxxx with the pretext of marriage and taken her away. Right now I do not have any documents regarding the birth of my sister xxxx, later I will present them to you, my sister xxxxx should be searched for and a case should be filed against the unknown person. Legal action should be taken. I have written the statement to you, I have heard it which is correct. Sd/-Jatinder Kumar.”

3. Learned counsel for the petitioner inter alia submits that the petitioner has been falsely implicated in the instant FIR, which was registered on the statement of brother of the prosecutrix, alleging therein that some unknown person had enticed his sister. It is submitted that the petitioner and the prosecutrix were well known to each other, as there were family relations between both the families. In fact, the prosecutrix had voluntarily left her house and accompanied the petitioner. Further, there are material contradictions in the statements of the prosecutrix recorded under Section 180 BNSS and 183 BNSS. The statement of the prosecutrix under Section 183 BNSS was recorded at a belated stage, making the possibility of it being tutored, as highly likely. Furthermore, the prosecutrix had even refused to undergo her medical examination (Annexure P-4). It is also submitted that as per the ossification test, the age of the prosecutrix has been determined as being between 17 to 19 years (Annexure P-5). The material witnesses i.e. the prosecutrix and the complainant have been examined before the learned trial Court, who have not supported the case of the prosecution and have been declared as hostile witnesses. The petitioner is a 24 year old man of clean antecedents, and has already undergone an actual custody of 3 months and 6 days.

4. Per contra, learned State counsel has vehemently opposed the submissions made by the learned counsel for the petitioner. He states that the petitioner was actively involved in the commission of the offence. He has filed custody certificate in Court today and the same is taken on record. As per custody certificate, the petitioner has