IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

202 CRM-M-56042-2025(O&M) Date of Decision: 31.10.2025 JORAWAR SINGH ...Petitioner Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present:- Mr. Prateek Pandit, Advocate for the petitioner.

Ms. Akanksha Gupta, AAG, Punjab *****

K IRTI SINGH , J. (Oral)

1. Apprehending his arrest the petitioner has filed this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in case bearing FIR No.148 dated 19.07.2025 under Sections 65(1), 127(2), 351(2), 61(2)(a) of BNS, 2023 and Sections 6 and 17 of POCSO Act, registered at Police Station Mehatpur, District Jalandhar (Rural).

2. This Court while issuing notice of motion on 01.10.2025 passed the following order:-

“Prayer in the present petition filed under Section 482 of BNSS, is for grant of anticipatory bail to the petitioners, in case FIR No. 148 dated 19.7.2025, under Sections 65(1), 127(2), 351(2), 61(2)(a) of BNS, 2023 and Sections 6 and 17 of POCSO Act, registered at Police Station Mehatpur, District Jalandhar (Rural).

Learned counsel for the petitioner inter alia submits that the petitioner has been falsely implicated in the present case, for the sole reason of being the brother of the main accused, against whom allegations of abducting the minor daughter of the complainant and committing rape upon her have been levelled. It is submitted that the brother of the petitioner and the prosecutrix were in fact in a consensual relationship, the factum of which can be seen from the record of the calls, whatsapp chats and Facebook messages exchanged between the two (Annexure P-2). Furthermore, there is also a delay of 12 days in lodging of the present FIR. The allegations levelled against the petitioner are also without any substance. It is the submission that the parents of the petitioner have already been granted the concession of anticipatory bail by this Court vide order dated

16.09.2025 passed in CRM-M-48488-2025.

Notice of motion.

Ms. Guramrit Kaur, DAG, Punjab waives service of notice on behalf of the respondent-State and opposes the present petition. Learned State counsel, on instructions submits that the victim in her statement recorded under Section 183 BNSS, has stated that she had left her home at her own will.

Heard.

One of the main pillars of jurisprudence on which the criminal justice system is based, is the presumption of innocence until proven guilty. If seen in that context, the provision of anticipatory bail, in its essence, can be understood as a safeguard to prevent the curtailment of liberty of an individual, a cherished constitutional guarantee, in circumstances where arrest may be unwarranted, arbitrary, or mala fide. This discretionary power, trite to say, must be exercised judiciously, based on considerations, which include but are not limited to, the nature and gravity of the allegations, the antecedents of the accused, the possibility of the fleeing from justice, and the likelihood of the evidence being tampered with and witnesses being influenced.

Reverting to the case in hand, the petitioner is the brother of the main accused, who is alleged to have abducted and raped the minor daughter of the complainant. The prosecutrix in her statement recorded under Section 183 BNSS has stated that she at her volition, left her home. All the contentions made qua the involvement of the petitioner is disputed questions of facts, veracity of which shall be determined during the course of trial.

In view of the above, the petitioner is directed to join investigation before the Investigating Agency/Officer. He shall abide by the following conditions as envisaged under Section

482(2) BNSS, 2023:-

(1) That the petitioner shall make himself available for interrogation by a police officer as and when required to do so.

(2) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts to the case so as t