Lakhvir Singh Alias Sukha v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (215) Date of Decision:-03.02.2026 Lakhvir Singh @ Sukha ......Petitioner

Versus

State of Punjab and another ......Respondents

CORAM:

HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Atul Goyal, Advocate for the petitioner.

Mr. Amandeep Singh Samra, AAG, Punjab.

**** ALOK JAIN, J. (Oral) 1.

The present petition has been filed seeking grant of regular bail to the petitioner in case FIR No. 58 dated 21.03.2025, under Sections 65(1), 365(2) of BNS and Section 4 of POCSO Act, registered at Police Station Sidhwan Bet, District Ludhiana.

2.

Learned counsel for the petitioner submits that all the material witnesses stand examined, who have turned hostile, and the petitioner has been in custody for more than 10 months; accordingly, he prays for grant of the concession of regular bail to the petitioner. 3.

Learned State counsel has filed the status report by way of an affidavit of Jaswinder Singh, PPS, DSP, Jagraon, District Ludhiana (Rural) on behalf of respondent-State, which is taken on record, subject to all just exceptions.

4.

Learned State counsel has also filed the custody certificate of the petitioner in Court today, which is taken on record, subject to all just

exceptions. As per the custody certificate, the petitioner has been in custody for 10 months and 09 days as on 02.02.2026; however, learned State counsel could not deny the fact that the material witnesses have turned hostile.

5.

In light of the above and considering the fact that all the material witnesses have already been examined and have turned hostile, coupled with the fact that the petitioner has been in custody for the last 10 months and 09 days, and further keeping in view that the trial is likely to take considerable time, no useful purpose would be served by keeping the petitioner in custody. Accordingly, the petitioner is held entitled to the concession of regular bail.

6.

Without commenting upon the merits of the case, the present petition stands allowed and the petitioner is ordered to be released on bail if not required in any other case on furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned. The petitioner shall, however, be released on the following conditions:

i The petitioner shall declare his ordinary place of residence and the mobile number used by him.

ii The petitioner will not switch off his mobile and in case of any technical glitch, he has to give an alternate number, which will be available in his absence.

iii The petitioner will mark his presence before the SHO concerned, after every 15 days and in case the SHO refuses to mark his presence, he is permitted to make an application before the Illaqa Magistrate, concerned.

iv The petitioner will not leave the country without the prior permission of the Court, for which he will submit the copy of his passport also. However, in case the petitioner does not

possess a passport, then he shall file an undertaking to the said effect before being released.

The petitioner shall abide by the terms and conditions as imposed in addition to Section 483 of BNSS, 2023. 7.

However, nothing stated above shall be construed as a final expression of opinion on the merits of the case and this order shall not be considered as parity qua any other co-accused in any manner whatsoever. 8.

It is further made clear that, in case, the petitioner is found involved in any such activity once again, the State is at liberty to promptly move an appropriate application for cancellation of bail detailing out the circumstances and violation of conditions of bail. (ALOK JAIN) JUDGE 03.02.2026 parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No