KIRTI SINGH , J. (ORAL)

CRM-9485-2026

The application is allowed as prayed for. Annexures P-5 and P-6 are taken on record.

CRM-10578-2026

The application is allowed as prayed for. Annexure P-7 is taken on record.

CRM-M-63146-2025

1. The jurisdiction of this Court under Section 483 of BNSS, 2023 has been invoked for grant of regular bail to the petitioner in case FIR No. 80 dated 04.4.2025 under Section 75 of BNS and Sections 8, 10,17 and 21 of the POCSO Act, registered at Police Station Rama Mandi, District Jalandhar.

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

“Statement of Sh.Mukesh son of late Sh.Ram Parkash resident of Chowk Farid, Gali Urian Wali, H.No.2012, Amritsar aged about 36 years, Phone No.79863-xxxx, stated that I am resident of above mentioned address and my marriage was solemnized on 17.01.2012 with Priya daughter of Tarsem Garg resident of Mohalla No.16, H.No.12, Jalandhar Cantt. I have two children elder son Krishna aged 10 years younger daughter xxxx 4 year. The age of my wife Priya is 32 years. Who is harassing me from the beginning. After visiting her parental home she meet to the bad persons at their place and is indulging in this profession with the consent of her parents. On many occasions, I and my family tried to make understand her, but she is very quarrelsome nature and cleaver lady. She is out of control. My both children are studying and residing with me. But my wife Priya has bring my 4 years daughter with her to her parental home at Jalandhar. She bring my daughter with her at the place of profession at village Dhilwan, near Rama Mandi, Jalandhar, which is running by Geeta Dalal, whose mobile no.86992xxxx and mobile number of priya no.77174xxxxx, 77194xxxx, 70097xxxxx and daily she is going to her parental home at Jalandhar to do the bad work by bringing my daughter with her. On dated 18.12.2024 I brought my daughter xxxx with me to Amritsar. My daughter xxxx told me that an uncle is come whose name is Buge Bhaiya. He come and beating me and is touch my private part and doing bad act with my mummy in my presence. My son has tracked the mobile phone of my wife, from which all these things has been started. But she is threatening me to kill me from her men and they are abusing me. They are saying that we will take away the girl. Whereas I want to keep my daughter with me. She is sending me vulgar pictures from the mobile of her friends i.e. m.no.73407-xxxx, 78141xxxxx and are doing bad activities. I and my children may be saved from her clutches and after taking legal action against these bad persons, justice may be deliver to me. I and my family is living in danger to our life. I have already given an application in the counseling cell Amritsar for taking action, I am producing pandrive of photographs before you. Strict legal action may be taken. Today, I come to you and got recorded my statement, which is correct.”

3. Learned counsel for the petitioner inter alia submits that the petitioner, aged 33 years, is the mother of the victim, and has been falsely implicated in this case by the complainant, who is her husband, due to a matrimonial dispute inter se them. It is submitted that in fact the petitioner was subjected to cruelty and exploitation by her husband since the date of their marriage, and he also attempted to force the petitioner into illicit activities for financial gain. Upon refusal of the petitioner, she was thrown out of the matrimonial house and since then she has been living separately along with her daughter. It is further submitted that the present FIR is a counterblast to FIR No 08 dated 21.1.2025, which was got registered by the petitioner against the complainant. It is also submitted that initially, on the same set of allegations, the complainant got registered an FIR No. 29 dated 26.2.2025 under Section 8 of the POCSO Act and Section 75 of BNS wherein the petitioner has not been named as an accused, which proves the ulterior motive of the complainant behind