IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 10.02.2026 MANPREET SINGH ......Petitioner Versus STATE OF PUNJAB .....Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Karan Singh Rana, Advocate for the petitioner.

Ms. Aakanksha Gupta, AAG, Punjab.

****

KIRTI SINGH , J. (ORAL)

1. This is the second petition filed under Section 483 BNSS for grant of regular bail to the petitioner in case FIR No.227 dated 10.10.2019 under Sections 376-D, 458 and 120-B of IPC; Section 4 of POCSO Act and Section 61 of IT Act, registered at Police Station Lambi, District Shri Muktsar Sahib.

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

“Statement of unknown xxxx, daughter of Kuldeep Kumar, son of Raj Kumar, potter, age about 13 years, resident of Street No.5. Panj Pir Tibba, Abohar Mo: No: 98074-xxxx stated that I am a resident of the above address, my parents work as laborers. My parents and I had gone to my maternal grandmother's house in Tarmale about 20 days ago, my maternal grandparents had gone to Rajasthan to pick cotton. My mother and my father went to pay obeisance at Mata Kalwani, district Hisar on 5/10/2019. My two maternal uncles and one maternal aunt were at home and my mother's brother Pappu Ram, resident of Bhakhra, his daughter Urmali, age about 25 years, my parents had also left her at home with us. He called Manpreet Singh son of Chinda Singh, Kali son of Manga Singh, a Sikh from Tarmala, and they came to our house at around 1 am at night and they forcibly raped me and took off my clothes and raped me against my will. They took my obscene photos on their mobile and started threatening me that if you tell anyone or make a noise, we will make your photos viral. I was afraid and did not tell anyone. When my parents returned home on 9/10/2019 after bowing down, I told my mother the whole story, and at that time the girl Urmali ran away from our house. After that, my parents got me admitted to the Civil Hospital Abohar. The doctor has done my medical. Appropriate legal action should be taken against them. Justice should be given to me. Statement written, heard is correct I Sd/- Sajan Verma said, confirmed statement correct/- Kuldeep Kumar said (Hindi), verification correct;- Charanjit Kaur SI PS Lambi Date 10-10-19.”

3. Learned counsel for the petitioner inter alia submits that the petitioner has been falsely implicated in the instant case on the statement of the prosecutrix, as an outcome of previous hostility between the families. It is submitted that there is no evidence on record, medical or otherwise, to substantiate the allegations levelled against the petitioner. It is further submitted that the prosecution stands examined before the learned trial Court, wherein she has not supported the case of the prosecution and was declared hostile. He further submits that the petitioner has already undergone an actual custody of 3 years and 12 days. There is no other case registered against him.

4. 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 3 years and 12 days. Investigation is complete. The charges were framed on 07.07.2020 and out of a total of 26 prosecution witnesses, 2 have been examined. She further submits that the petitioner remained absent from 30.08.2022 to 01.04.2024, according he was declared proclaimed offender on 17.02.2024. She therefore, submits that in view of the serious allegations against the petitioner, he is not entitled to the concession of regular bail.

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

6. Admittedly, the charges were framed on 07.07.2020 and out of total 26 prosecution witnesses, only 2 have been examined till date. The