Manpreet Singh @ Jaddu v. State of Punjab

NIDHI GUPTA, J. (ORAL)

CRM-46349-2024

Application is allowed, as prayed for. Copies of statements of the mother of the prosecutrix (PW-1); prosecutrix (PW-2) and the complainant/grand-mother of the prosecutrix (PW-3) are taken on record as Annexure P-4 (Colly.), subject to all just exceptions. CRM-M-50726-2024 nd1. The petitioner has filed the present 2 petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail in case FIR No. 148 dated 13.12.2023 (Annexure P-1) registered under Sections 323, 354D, 455, 506 and 509 IPC (Section 12 of the Protection of Children from Sexual Offences Act, 2012, added later on) at Police Station Hariana, District Hoshiarpur.

¶2FIR (Anne complainan reads follow

Learned counsel for the petiti exure P-1) was registered on nt/grand-mother of the victim an ws:- "….I would like to state that address and I am house granddaughter xxxx (Aged Amrik Singh who is study Secondary School, Baghpur, c school at about 4.15 PM and from inside, she sat with me Manpreet Singh alias Jadu so my village Satour Police Stat entered into our house by jum

4.30 PM and while arriving, h my granddaughter Amandeep kick blows on the abdome thereafter he has given blow o and right shoulder of my gra forwarded to save her then he Kassi on my head with the ai left side of my head and then due to which, I fell down on t with the cot, then Manpreet Si house and while caught granddaughter, he dragged h I raised noise "Bachao Bacha cry, the residents of Gali M looking them, said Manpreet by threatening to kill us and a Earlier also Manpreet S granddaughter when she wen school and I restrained for granddaughter but he did not granddaughter has made pho who went to Hoshiarpur for back to the house and after and my granddaughter a Hoshiarpur for treatment hospital, I have got recorde Police Station. The motive Manpreet Singh above said w when she went to school, I a from doing so but he did not against him. I have got m

ioner submits that the aforesaid the basis of statement of the nd the relevant portion thereof, t I am resident of above noted e wife. ON 12.12.2023 my about 15 years) daughter of ing in 10th Class of Senior came to house after leaving the while closing the gate of house on cot in the courtyard, then on of Rajinder Singh resident of tion Hariana armed with Kassi mping over the wall at around he firstly slapped on the face of p Kaur and thereafter he given en of my granddaughter and of Wajja of Kassi on the left leg anddaughter and when I came e has given blow of Wajja of his im to kill me, which hit on the he given 4-5 slaps on my face, the ground and my shoulder hit ingh has opened the door of our holding the arm of my er towards outside, whereupon ao" then on hearing my hue and Mohalla gathered there and on Singh ran away from the spot busing us by using filthy words. Singh was chasing to my t to school/came back from the many times from chasing my t mend his ways. Thereafter my one call to her mother Mamta her personal work, she came arranging vehicle, she got me admitted in Civil Hospital and after discharging from ed my statement to you in the behind the incident is that was chasing my granddaughter and my family have restrained stopped. Legal action be taken my statement recorded in the f f f

¶3admittedly, same vicin parties, wh false allega colour of a Moreover, trial Court (Colly.). It does not re the petition mother of t no sexual a to support complainan parties. It i the prosecu PW-1 and prosecutrix case on 27 year. Thus,

¶4opposes th copies of M

presence of my Daughter-in correct. LTI of Niranjan Kaur Learned counsel for the petit , the petitioner and the compla nity. Admittedly, there was a fa hich has led to filing of the pre ations. An altercation between a sexual assault which is wholly the prosecutrix stands examine t and her testimony is availabl is submitted that perusal of the eveal a word of alleged sexual ner. In actual fact, the prosecutri the petitioner, whereupon the pe assault upon the prosecutrix. Eve t the said allegation of sex nt. Moreover, there is a politi is also contended that mother an utrix have also been examined b PW-3, respectively; and the sta x is merely hearsay. The petition

7.12.2023 and since then he has , it is prayed that the petitioner m Per Contra, learned couns e prayer for grant of regular bai MLR dated 12.12.2023 of the c

n-law Mamta, heard, same is r….." tioner, inter alia, submits that ainant side are residing in the amily dispute between both the esent FIR (Annexure P-1) with the parties has been given the incorrect, false and unfounded. ed as PW-2 before the learned le on record as Annexure P-4 e entire testimony of the victim assault committed upon her by ix had said wrong words to the etitioner had hit her, but there is en there is no medical evidence xual assault levelled by the ical rivalry between both the nd grand-mother/complainant of before the learned trial Court as atement of PW-1 mother of the ner was arrested in the present been in custody almost for 01 may be released on regular bail. el for the State vehemently il to the petitioner and has filed complainant and prosecutrix in

Court, whi referring to FIR are co as the pro statement u before the instructions informed t recovered informed t been exam now, the t Section 313

5.

12.12.2024 in custody of the custo another ca Sections 30 instructions FIR agains

6.

¶7in view the

(a) custody

ich are taken on record. Learne o the aforesaid MLRs submits tha orroborated by the injuries suffer secutrix. It is further submitt under Section 164 Cr.P.C., as a learned trial Court has fully supp s from ASI Sukhchain Singh, le that even the weapon of offe upon the disclosure statement that out of total 20 prosecution mined; and the remaining 04 witn trial is at stage of recording th 3 Cr.P.C. Learned counsel for the State 4 which is taken on record, as pe as an undertrial for a period of 1 ody certificate shows that the pe ase bearing FIR No. 96 dated 07, 324, 506 and 34 IPC at Polic s, learned counsel for the State t the petitioner already stands qu I have heard learned counsel f Without commenting on merit e totality of the facts and circum y period of 11 months and 14 da

ed counsel for the State while at the allegations levelled in the red by the complainant as well ted that the prosecutrix in her also in her testimony as PW-2 ported the prosecution case. On earned counsel for the State has ence i.e. kassi has also been t of the petitioner. It is also n witnesses 16 witnesses have nesses have been given up; and he statement of accused under e files custody certificate dated er which the petitioner has been 11 months and 14 days. Perusal etitioner is also involved in one d 03.09.2022 registered under ce Station Hariana, however, on has informed that the aforesaid uashed. for the parties. ts of the case, however, keeping mstances of the case, including:

as an unde examined, and no us petitioner.

¶8is ordered bonds to th Magistrate,

¶9construed a

12.12.2024 rishu

rtrial; and (b) that although all t however, conclusion of trial w seful purpose would be served Thus, the present petition is allo The petitioner-Manpreet Singh to be released on regular bail he satisfaction of the trial Court/ , concerned. However, it is made clear tha as an expression of opinion on th

the prosecution witnesses stand will still take considerable time, d by further detention of the owed. h @ Jaddu S/o Rajinder Singh, l on his furnishing bail/surety /Chief Judicial Magistrate/Duty at nothing stated above shall be he merits of the case.

( NIDHI GUPTA )

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 246 CRM-M-50726-2024 (O&M) Date of Decision: 12.12.2024 Manpreet Singh @ Jaddu .… Petitioner Versus State of Punjab .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. MS Saini, Advocate for the petitioner. Ms. Aakanksha Gupta, AAG, Punjab.