IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

211 Date of decision : 10.11.2025 Ajaypal Singh @ Ajay ….Petitioner V/S State of Punjab and another ….Respondents CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR Present : Mr. Ajay Kumar, Advocate for Mr. Rishu Mahajan, Advocate for the petitioner.

Mr. Hemant Aggarwal, D.A.G., Punjab.

Mr. Raghav Soni, Advocate for the complainant.

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NAMIT KUMAR , J. (ORAL)

1. The petitioner has filed the instant petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in case FIR No.47 dated 24.04.2025 registered under Sections 137(2), 70(2) & 87 of Bharatiya Nyaya Sanhita, 2023 and Section 6 of Protection of Children from Sexual Offences Act, 2012 at Police Station Kamboj, Amritsar.

2. Brief facts relevant for disposal of the present petition are that on 24.04.2025, the father of the prosecutrix made a complaint to the police stating therein that his daughter, who is aged about 16 years, studying in 10^th Class in Guru Nanak Khalsa Saheedian High School, Fatehpur Rajputan, Amritsar. On 13.04.2025, his entire family was sleeping after taking dinner. His wife and daughter were sleeping on a separate bed. At about 2:00 A.M., he woke up and saw that his daughter was not present on the bed. All his family members started searching for her but they could not find her. Thereafter, he came to know that Balraj Singh @ Sahil took away his daughter from the small bridge, outside the colony on his motorcycle on the pretext of marriage in connivance with Ajaypal Singh @ Ajay (the present petitioner), Manjit Kaur (mother of Balraj Singh @ Sahil) and Rajwinder Singh @ Raju (father of Balraj Singh @ Sahil). He further stated that earlier also, Balraj Singh in connivance with the petitioner had enticed away his daughter and at that time FIR No.41 dated 22.03.2024 under Sections 363 & 366 of IPC at Police Station Kamboj, Amritsar was registered against the petitioner and co-accused Balraj Singh in which both were released on bail. On the basis of the said complaint, the instant FIR was registered. During investigation, the prosecutrix was recovered on 25.04.2025 and her statement under Section 183 of BNSS was got recorded before learned Judicial Magistrate, First Class, Amritsar and her medical was conducted. On the basis of her statement under Section 183 of BNSS, Section 6 of POCSO Act was added vide G.D. No.36 dated

25.04.2025.

3. Learned counsel for the petitioner contends that the petitioner is innocent and has been falsely implicated in the present case. He submits that there is unreasonable and unexplained delay of 10 days in lodging of the FIR as the prosecutrix was missing since 13.04.2025 and the FIR was registered on 24.04.2025. He further submits that earlier also the complainant got registered FIR No.41 dated 22.03.2024 under Sections 363 & 366 of IPC at Police Station Kamboj, Amritsar against the petitioner and co-accused Balraj Singh @ Sahil levelling allegation of alluring the minor daughter of the complainant on the pretext of marriage, in which the petitioner was granted the concession of anticipatory bail on 29.04.2024. He further submits that the petitioner has nothing to do with the commission of alleged crime as it was co-accused Balraj, who was in relationship with the daughter of the complainant. He also submits that the petitioner is not involved in any other case and he is ready to join the investigation. Therefore, the petitioner may be granted the concession of anticipatory bail.

4. Per contra, learned State counsel assisted by learned counsel for the complainant, while referring to the averments made in the status report, has vehemently opposed the prayer for grant of anticipatory bail to the petitioner on the ground that the allegations against the petitioner are serious in nature. He argued that the petitioner along with co-accused Balraj Singh @ Sahil had committed rape upon the minor prosecutrix by enticing her from her house. He further ar