IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 09.2.2026 Sagar Singh alias Harry ......Appellant Versus State of Punjab and another .....Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Gaganvir Singh Gill, Advocate for the appellant.
Ms. Aakanksha Gupta, AAG, Punjab.
None for respondent No. 2.
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KIRTI SINGH , J. (ORAL)
CRM-43209-2025 The application is allowed as prayed for. Annexures P-9 to P-11 are taken on record. CRA-S-4207-2024
1. The present appeal has been preferred against the order dated 29.10.2024 passed by the learned Additional Sessions Judge, Patiala whereby the application filed by the appellant under Section 439 Cr.P.C. seeking regular bail in case FIR No. 50 dated 08.4.2024 under Sections 376- D, 506 IPC and Section 3(2)(V) of the Scheduled Castes Act Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Kotwali, Nabha has been dismissed.
2. The translated version of the FIR is reproduced below:-
“That this time one statement of xxxxxxx daughter of Avtar Singh GURPREET SINGH son of Bhanga Singh resident of village Paharpur Kalan, Tehsil Nabha District Patiala written L/SI Anita 102/PR for registration of case under offence of Section 376D, 503 IPC against Devinder Singh son of Mahinder Singh resident of village Kakrala, Police Station Sadar Nabha and 02 unknown persons have been received in the police station. The contents of which are that: I xxxxxxx daughter of Avtar Singh son of Bhanga Singh resident of village Paharpur Kalan, Tehsil Nabha District Patiala aged about 18 years mobile number 94656- xxxxx would like to state that I am resident of above noted address and I am doing study of BA (Ist Year) from Ripudaman College, Nabha. My date of birth is 05.01.2006 and my father is working as labourer. My three mother Amandeep Kaur is house wife. We are three siblings, I am eldest, younger to me my brother Akashdeep Singh aged about 15years and younger to him my brother Arshpreet Singh aged about 13 years. Devinder Singh son of Mahinder Singh resident of village Kakrala, Police Station Sadar Nabha is also studying in our college and he used to talk me for sometimes and has gone as I was treating him like my brother. On 27.03.2024, as usually, I went to Ripudaman college Nabha then at around 11.30 AM, I was sitting in park due to my free period then Devinder Singh came to me and told me that I want to talk you so you come to the room of Principal at first floor then I, without anything, went to said room of Principal at around 1.00 PM where Devinder Singh was standing there along with two more unknown boys and on looking me, Devinder Singh told me that Jaspreet you come inside, I want to talk you on some personal matter. I went inside the room with Devinder Singh then said unknown associates of Devinder Singh also entered into the room and one unknown boy has locked the hook of door of room from inside and second unknown boy has closed my mouth with his hand. I can identify these boys on appearing before me. Devinder Singh has suddenly opened the Nallah of my Salvar. I tried to raise hue and cry then unknown boy has closed my mouth with his hand and thrown me on the ground floor of room, firstly Devinder Singh has done bad act with me, then said unknown boy who closed the door from inside, has done forcible acts with me and Devinder Singh has I attest to the accuracy and closed my mouth with his hand, thereafter the boy who closed my mouth with his hand, has also done bad act with me. Devinder Singh has kept his hand on my mouth and told me that if you disclose about it to anybody, then we will kill you and will also defame you in the society. Thereafter these three boys have opened the door of room and have gone from there. Due to fear, I also put my Salvar and went to my room but nobody was there and I went to my house. I could not disclose about it to anybody due to fear of said boys. Today I informed about this fact my mother Amandeep Kaur, who h
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