AI Structured Summary
Not yet generated for this judgment
Judgment
AARADHNA SAWHNEY, J. (ORAL)
Petitioners who are accused in case FIR No.473 dated 05.11.2022 under Sections 376-D,376-A,372,34,506,120-B IPC and Sections 5,6 & 16 of the POCSO Act have filed the instant petition under Section 483 of BNSS praying for grant of interim bail to them, for a period of four weeks, so as to enable them to make arrangements and attend the Bhog ceremony and Antim Ardas, scheduled to be held on 19.09.2026, of their real brother Rajinder Singh @ Roji, who died on 07.09.2026.
Though, status report opposing the request for grant of interim bail has not been received but learned State counsel has vehemently opposed the present petition on the ground that in view of the seriousness and gravity of the offence, no case for grant of interim bail is made out. It is further the submission of learned State counsel that petitioner No.1 had been evading the arrest in the present case and on account of his continued absence, he was declared a Proclaimed Offender. It was only due to persistent efforts made by the police authorities that, petitioner No.1 was subsequently arrested after a period of 02 years.
Learned State counsel has drawn attention of the Court to the order dated 10.09.2026 passed by the Ld. Additional Sessions Judge, Faridkot whereby noticing the entire facts and circumstances, both the petitioners, were allowed to attend the prayer meet of their late brother in custody, from 12:00 noon to 03:00 p.m. on 19.09.2026. The State has no objection, if the aforesaid time period is extended from 09:00 a.m. to 05:00 p.m.
Learned counsel for the petitioners submits that the allegations levelled in the FIR would be adjudicated upon only during the course of trial when the parties would lead their respective evidence. It is further the submission of learned counsel that there is no other male member in the family of petitioners to make necessary arrangements, therefore, their presence is needed prior to 19.09.2026 as also on the said day. Prayer for taking a lenient view in their favour has been made.
I have heard the learned counsel for the parties and have gone through the documents on record.
In view of the submissions raised by both, the learned counsel for the petitioners as also the learned State counsel, the present petition is partly allowed to the extent that petitioner No.2 is granted the concession of interim bail for a period of 02 days from 18.09.2026 to 20.09.2026, subject to his furnishing requisite bail/two local surety bonds to the satisfaction of the concerned trial Court/CJM/Duty Magistrate.
Insofar as petitioner No.1 is concerned, Jail Authorities, Faridkot are directed to make arrangements and take him in custody from concerned Jail to the place where the prayer meet would be held (Gurudwara Bhai Gurdas Ji, Dogar Basti, Street No.23, Ward No.9, Faridkot) from 11:00 a.m. to 03:00 p.m. on 19.09.2026.
Concerned Superintendent of Police is directed to provide necessary police aid to the concerned Jail Authority.