Personal liberty under Article 21 ensures that pre-trial incarceration does not become punitive. Bail should be granted when there is a substantial period of custody, a slow trial pace, and evidence (like the prosecutrix's statement) suggesting a lack of coercion.

CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Gurmeet Singh, Advocate

Mr. Parvinder Singh Vig, Advocate and Mr. Naveen Kumar, Advocate for the petitioner.

Ms. Guramrit Kaur, AAG, Punjab.

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KIRTI SINGH, J. (ORAL)

1. Prayer in the present petition filed under Section 483 of BNSS, is for grant of regular bail to the petitioner, in case FIR No.67 dated 26.03.2024, under Sections 363 & 366-A IPC, registered at Police Station

Patran, District Patiala.

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

“At this time, a statement has been recorded from Mahaveer Prasad son of Om Prakash, resident of Hamjheri, Police Station Patran, District Patiala, aged about 35 years, mobile No.62832xxxxx, writing by ASI Jagdish Nain No.135 for the purpose of case diary, against Sukhpal Singh alias Pappi, resident of Mangwal. Tehsil Mangwal, District Sangrur, under offences punishable U/S 363 and 366A of the IPC. The statement was brought to the police station by PHG Sukhwant Singh No.18372. The summary of the statement is as under: Myself, Mahaveer Prasad resident of the aforementioned address, work as a driver on a vehicle. Approximately 20 years ago, my wife xxxxxx passed away. We had two children from that marriage the elder son Dipasu, aged about 18 years, who is studying in 10th class in Patran and years, the younger daughter, xxxx, aged about 17 who is married. xxxxxxx was married to Satpal Singh resident of Kaderpura, Tehsil Samana, District Patiala. They have two children the elder son Arbaldeep Singh, aged about 19 years and the younger daughter xxxxxx xxxxxx aged about 15 years. xxxxxx had obtained a divorce from her husband, Satpal Singh, through the Hon'ble Court at Samana.

SWARNJIT SINGH

2026.04.01 19:42 Approximately 14 years ago, xxxxx daughter of Hari Singh resident I attest to the accuracy and integrity of this document

CRM-M-33561-2025(O&M) -2-

of Mahesh Nagar, Ward No.07, Patran, District Patiala, solemnized a Court marriage with me before the Hon'ble Court at Samana. As per the Aadhaar cards and other documents of all four children, I am recorded as their father. My son Arshdeep Singh is married for the past one year to xxxxx daughter of Golty resident of Mangwal, Tehsil Sangrur, District Sangrur. On 01.11.2024, my daughter-in-law gave birth to a baby boy. My wife xxxxxx and my daughter xxxxx went to Village Mangwal to visit my daughter-in-law. My daughter xxxxxxx stayed back in Village Mangwal to assist with my daughter-in-law's care, while my wife returned home. In the neighborhood of my daughter-in-law's parental home in Mangwal, one Sukhpal Singh son of Pappi resident of Mangwal also resides. About 15 days ago, my daughter xxxxx returned to our home. On 14.03.2024, our entire family left home around 08:00 AM for some work. My daughter, xxxxxxx aged 15 years, was alone at home and when we returned around 04:00 PM, she was not present at home. We waited for her until evening, but she did not return. We also searched for her among our relatives but could not locate her. We have now come to know that Sukhpal Singh son of Pappi resident of Mangwal, District Sangrur, has lured my daughter xxxxxx away on the pretext of marriage and taken her with him. Strict legal action should be taken against Sukhpal Singh son of Pappi resident of Mangwal, District Sangrur. Myself self along with my wife, were on your way to the police station to provide this information when you meet me at Hamjheri Bypass. I have recorded my statement in the presence of my wife, xxxxxx.