IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 17.9.2025 Suraj ......Petitioner Versus State of Punjab .....Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Ritesh Pandey, Advocate for the petitioner.

Ms. Aakanksha Gupta, AAG, Punjab.

****

KIRTI SINGH , J. (ORAL)

1. The jurisdiction of this Court under Section 483 Cr.P.C. has been invoked for grant of regular bail to the petitioner in case FIR No. 37 dated 12.7.2024 under Sections 137(2), 87 and 3(5) of BNS, registered at Police Station Behrampur, District Gurdaspur.

2. Learned counsel for the petitioner inter alia submits that the petitioner, a 19 years young boy, has been falsely implicated in this case by the complainant, who is the mother of the prosecutrix. The allegation against the petitioner, is that he enticed away the minor daughter of the complainant. It is submitted that in fact, the petitioner and the daughter of the complainant left their respective homes on their own accord. Since they were not of marriageable age, therefore, they approached this Court by way of CRWP- 6820-2024 seeking protection to their life and liberty, which was decided on 19.7.2024 (Annexure P-2). It is further submitted that the prosecutrix, in her statement recorded under Section 164 Cr.P.C., has not levelled allegations against the petitioner. He further submits that the petitioner has undergone an actual custody of 06 months and 21 days.

3. Per contra, learned State counsel has vehemently opposed the submissions made by the learned counsel for the petitioner. She states that the petitioner was actively involved in the commission of the offence. She has filed custody certificate in Court today and the same is taken on record. As per custody certificate, the petitioner has undergone an actual custody of 06 months and 21 days. The learned State counsel, on instructions from ASI Jagir Chand, submits that in the present case, challan as presented on 07.4.2025, and the charges are yet to be framed. She submits that in view of the serious allegations against the petitioner, he is not entitled to the concession of regular bail.

4. Heard the rival submissions made by learned counsel for the parties.

5. Investigation in the instant case stands completed, whereafter challan was presented on 07.4.2025. The petitioner has undergone actual custody of 06 months and 21 days, and there is no other criminal case registered against him. The veracity of the allegations leveled against the petitioner shall be established during the course of the trial. No useful purpose shall be served by further detention of the accused-petitioner. Keeping the petitioner in further detention without the prospect of the trial being concluded in the near future, would be violative of his rights under Article 21 of the Constitution of India including the right to speedy trial, and is against the principle “Bail is a rule, jail is an exception” as elucidated in the judgment of Apex Court in “Dataram Singh vs. State of Uttar Pradesh and another”, (2018) 3 SCC 22

6. Without commenting anything on the merits of the case, lest it may prejudice the trial, the present petition is allowed and the petitioner is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate. The petitioner shall also abide by the following conditions:-

(i) The petitioner will not tamper with the evidence during the trial.

(ii) The petitioner will not pressurize/intimidate the prosecution witness(s).

(iii) The petitioner will appear before the trial Court on the date fixed, unless personal presence is exempted.

(iv) The petitioner shall not commit an offence similar to the offence of which he is accused of, or for commission of which he is suspected.

(v) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact