Punjab-Haryana High Court
Xxxxxxxxxxxx vs Xxxxxxxxxxxx on 9 April, 2026
CRM-M-71823
71823-2025 -1-
108
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM
CRM-M-71823-2025
Date of Decision:
Decision:- 09.04.2026
Deepak Kumar @ Deepak Rai ...Petitioner
Versus
State of Punjab and another ...Respondents
HON'BLE MRS. JUSTICE AMARJOT BHATTI
CORAM:-HON'BLE
Present: Mr. Neeraj Jain, Advocate
for the petitioner.
Mr. Jasjit Singh Rattu, DAG, Punjab.
****
AMARJOT BHATTI, J.
1. Petitioner Deepak Kumar alias Deepak Rai has filed 2nd petition
under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant
of regular bail in FIR No. 54 dated 29.03.2024 under Section 363, 366
366-A,
370, 370-A,
A, 372, 120-B,
120 376 of IPC (Section
Section 3 and 4 of POCSO Act, 2012
added later on) registered
registered at Police Station City Muktsar, District Sri
Muktsar Sahib (Annexure P-1).
2. As per facts of the case, complainant ‘NS alias B’ gave his
statement that he is father of two daughters and a son. The victim ‘JK’ age
about 17 years was studying in Class 12th in Government Girls Senior
Secondary School, Bathinda Road, Sri Muktsar Sahib. On 24.01.2024, she
was to appear in her last examination and she had gone to the school by
LALIT SHARMA
2026.04.11 12:36
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integrity of this document
CRM-M-71823
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auto. After examination, she did not reach home. He and his family
members searched for his daughter but could not locate her. They came to
know that after her examination, she was kidnapped by someone by giving
her allurement of marriage. With these allegations, initially FIR was
registered under Sections 363 and 366-A
366 A of IPC.
3. As per status report, investigation was started. The complainant
suffered supplementary statement on 31.03.2024 and named Deepak
Kumar, Raj Kaur, Karan Singh and another Raj Kaur, Karan Kumar, Mahla
Ram and 3–44 other unknown persons were operating child trafficking
network. The complainant stated that his daughter was trapped by Deepak
Kumar and others and was sold to Akhi Ram. Vide Rapat No.28 dated
31.03.2024, offence under Sections 370, 370
370-A, 372 and 120-B of IPC
were added. During investigation, Deepak
Deepak Kumar and Raj Kaur d/o Surjan
Singh were arrested on 31.03.2024. On 02.04.2024, raid was conducted at
the house of co-accused
co accused Raj Kaur w/o Balwinder Singh. Accused were
arrested and during interrogation of Raj Kaur, Karamjit Kaur was also
nominated as one
one of the accused. On 02.04.2024, Deepak and Raj Kaur
suffered disclosure statement that the victim was sold at Bikaner through
co-accused
accused Karan Kumar. The police conducted raid at the house of Karan
Kumar @ Rakesh Kumar on 04.04.2024 and the victim/prosec
victim/prosecutrix was
recovered. Statement of victim under Section 164 Cr.P.C. was recorded and
offence under Section 376 of IPC and Sections 3 and 4 POCSO Act, 2012
were added vide Rapat No.52 dated 04.04.2024. The investigation was
completed and thereafter accused apprehended
apprehended in this case were
LALIT SHARMA accordingly challaned.
2026.04.11 12:36
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integrity of this document
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4. Learned counsel representing petitioner argued that he is falsely
implicated in this case to harass and defame him in society. Present
petitioner has not played any role in said occurrence. Petitioner is behind
the bars since 31.03.2024. Trial in this case may take long time. At present,
statementss of material witnesses, namely, ‘NS @ B’ as PW
PW-1 and victim as
PW-2
2 have been recorded.
recorded. Their statements are Annexure P
P-3. Learned
counsel representing petitioner
petitioner pointed out that qua present petitioner
petitioner,
victim as PW-2
PW did not support allegations. Earlier he had filed regular bail
petition bearing CRM-M-49367-2024
CRM which was declined along with
connected bail petition by this Court vide order dated 07.11.2025
(Annexure
nnexure P-4).
P Petitioner is ready to abide by terms of bail order.
Therefore, his regular bail petition may be allowed.
5. Bail petition is opposed by learned counsel representing State of
Punjab. As per status report, victim involved in this case was minor.
Statement of victim recorded under Section
Section 164 Cr.P.C. is Annexure R
R-2
and her supplementary statement is Annexure R
R-3 in which victim has
given detail of occurrence and petitioner is also specifically named. Apart
from petitioner,
itioner, other
oth co-accused
accused are also involved. Considering the gravity
of offence, petitioner is not entitled to be released on bail and first regular
bail petition was rightly declined by this Court.
6. I have considered the arguments and have gone through the
record carefully. It is matter of record that first regular bail petition bearing
CRM-M-49367
49367-2024 filed by Deepak Kumar @ Deepak Rai was declined
along with connected case vide order dated 07.11.2025 (Annexure P
P-4) and
LALIT SHARMA within a period of about one month,
month, second regular bail petition has been
2026.04.11 12:36
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integrity of this document
CRM-M-71823
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filed with same facts and circumstances of case. In the case in hand, victim
involved in this case is minor. She left the house on 24.01.2024 and was
finally recovered and her statement was recorded before the Magistrate on
04.04.2024 under Section 164 Cr.P.C. (Annexure R
R-2). There was
supplementary statement of ‘NS @ B’ father of victim (Annexure R
R-1),
where he named accused persons along with 33-4 unknown accused who
were operating a racket of child trafficking
trafficking. There is detailed
supplementary statement of victim (Annexure R
R-3) and in that statement,
present petitioner and other co-accused
co accused are named. Trial in this case is
going on. In the case in hand, present petitioner along with six other
accused is facing trial.
trial. Testimony of victim has been recorded along with
other witnesses. Case will be decided on merits on the basis of evidence led
before the trial Court. Considering the gravity of offence and manner in
which it has been committed, I do not find a fit cas
case for grant of regular
bail to petitioner Deepak Kumar @ Deepak Rai and second regular bail
petition filed by him is, accordingly dismissed.
7. Pending miscellaneous application(s), if any, stand disposed of
accordingly as well.
09.04.2026 (AMARJOT BHATTI)
lalit JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
LALIT SHARMA
2026.04.11 12:36
I attest to the accuracy and
integrity of this document