CRA-S-110 IN 206 Kirat Singh v. State of Ha CORAM: Present: AARADHN 1. registered 308(7), 61( 3(2)(v) of S Act, 1989 District Sir 2. being taken affidavit of Order, Dist 1108-2026 -1 IN THE HIGH COURT OF PUNJA CHANDIGA t Singh of Haryana and others AM: HON’BLE MS. JUSTICE AA Mr. Aditya Sanghi, Advocate Mr. Birender Bikram Abbrey, Mr. Saurabh Sharma, Advocat **** ADHNA SAWHNEY, J. (Oral) Appellant, an accused in cas tered against him under Sections 13 7), 61(2)(a) of BNS, Sections 6 and v) of Scheduled Caste and Scheduled 1989 (in short “the SC/ST Act”), a Sirsa, has filed the present appeal fo Relevant facts necessary for taken from para 2 of the status repor avit of Raj Singh, HPS, Deputy Sup r, District Sirsa. The same are reprodu 1- PUNJAB AND HARYANA AT DIGARH CRA-S-1108-2026 (O&M) Date of Decision: 11.05.2026 …Appellant. …Respondents. CE AARADHNA SAWHNEY. ocate for the appellant. brey, Addl. AG, Haryana. dvocate for respondents No.2 & 3. in case FIR No. 95 dated 10.09.202 s 137, 96, 64(2)(m), 65(1), 308(2 and 17 of POCSO Act and Sectio eduled Tribe (Prevention of Atrocitie ct”), at Police Station Women, Sirs peal for grant of bail. ry for disposal of present appeal a report dated 30.4.2026 filed by way o ty Superintendent of Police, Law an eproduced as under:- .2026 ents. 2025, 308(2), Section rocities) , Sirsa, eal are way of aw and GURBACHAN SINGH 2026.05.15 10:11 I attest to the accuracy and integrity of this document CRA-S-110 1108-2026 -2 “2. ….Stated that I am resid stay at home and am learn Rajender Kumar had died abo daily wage labour and we are I am the youngest. About on Narender, resident of Gali No Chowk, at Sirsa, when I ha parlour (material/articles). A number and we started talk number is 98121-90110. Abo me to Sirsa. I stayed with he would get me parlour work, b that she had called me just to on 08.09.2025, Pooja had co with a boy who disclosed his Nirmal Singh, resident of Jhor before coming and said that, “ get you employed in a parlou called me to Fatehabad Bus S Sirsa to her house. Kirat (A) me that, “I shall get you emp give you ten thousand rupees; Then she sent me in the car w me to some hotel near the b name of which I do not remem relations with me twice. Ther 2- resident of the abovesaid address an learning parlour work. My fath about 12 years ago. My mother do are three sisters and one brother an t one month ago, I met Pooja wife li No.4, Mela Ground, Sirsa, Satna I had come here alone to purcha ). At that time, Pooja took my mobi talking over phone. Her moibi About one week ago, she had calle th her for one day. She said that sh rk, but after meeting in Sirsa, she sa st to meet. The day before yesterda d come to Fatehabad in a car alon his name as Kirat Singh (A), son Jhorarnali, Sirsa. She had called m at, “Today you come with me; I sh rlour at Sirsa itself.” Thereafter, sh us Stand, and from there took me t (A) was also with us. Pooja said employed in a parlour and shall als ees; you go with Kirat for one night ar with Kirat. Thereafter, Kirat too he bridge on Hisar Road, Sirsa, th emember and there he made physic Thereafter, on dated 09.09.2025 Kir ss and father r does er and ife of atnam rchase obile oibile called at she e said erday, along son of led me I shall r, she me to aid to ll also ight.” t took a, the ysical Kirat GURBACHAN SINGH 2026.05.15 10:11 I attest to the accuracy and integrity of this document CRA-S-110 produced b same day, statement examined prepared, a vaginal slid IO for getti 1108-2026 -3 left me at the house of Pooja give any money to me nor to with me. Thereafter, at nig Police Station, Sirsa and while to the Police Station you sho not want to get a rape case re when he comes, then by threa shall take money, out of which Yesterday I had come to the P frightened. I had told you to would say something in her mother to come this morning, at One Stop Centre, Sirsa. arrival of my mother Darshan written and read it in her pressure, which is correct. Le and Kirat and justice be don done very wrong with me and During investigation, on 10.09 uced before the Child Welfare Commi day, she was produced before the lea ment recorded u/s 183 BNSS. Sh ined from a Doctor in Civil Hospi ared, after which a copy thereof al al slide and pubic hair of victim/mino r getting it chemically examined. 3- ooja and went away. Neither did h r to Pooja for establishing relation night, Pooja left me at the Wome while leaving she said that after goin should give a statement that you d e registered; only call Kirat once an threatening him with a rape case, w hich some money I shall given to yo the Police Station alone and was ve u to call my mother, and only then her presence. You had asked m ing, because last night you had left m sa. Today, on 10.09.2025, after th shana, I have got my above stateme her presence, without any fear o . Legal action be taken against Poo done to me. Pooja and Kirat hav and they be punished.” 10.09.2025, victim/minor girl ‘S’ wa ommittee, Sirsa for counseling. On th the learned JMIC, Sirsa for getting h . She was also got medico legal Hospital, Sirsa. Detailed report wa of along with two vaginal swabs, tw /minor girl ‘S’ were handed over to th did he ations omen going ou do ce and se, we o you. s very then I ed my left me er the tement ar or Pooja t have ‘S’ was On the ting her legally ort was bs, two er to the GURBACHAN SINGH 2026.05.15 10:11 I attest to the accuracy and integrity of this document CRA-S-110 co-accused During the commission their other a confessed t copy of th glens and chemical e registration taken into person of t stages of i register of girl ‘S’ we Swami Nag also admitt got recove while gettin footage, ho that appella room, whic RFSL, His 1108-2026 -4 On the following day, i.e. on cused Manoj Kumar were arrested ng the course of which, they conf ission of offence along with presen other accused. On 12.9.2025, present app d to his guilt. He was got medic of the MLR, sealed sample, i.e. un and plain blood of appellant were ical examination. At the instance tration No.HR-24AJ-2306 (make Aura into possession. He also demarcated n of the victim. Statements of the w s of investigation. Copy of the Birth ter of Ist Class and admission cance ‘S’ were obtained from Government i Nagar, Fatehabad, as per which, th On 18.9.2025, co-accused Sa admitted to his involvement in the co recovered Rs.1000/- which had been e getting the room on rent from him ge, hotel register and BSA certificate ppellant Kirat Singh along with victim , which were also taken into possessi L, Hisar for further chemical analysi 4- .e. on 11.9.2025, co-accused Pooja an ested and joined in the investigatio confessed their involvement in th present appellant, i.e., Kirat Singh an t appellant was arrested, who als medico legally examined after whic i.e. underwear, pubic hairs, swab fro were handed over to I.O. for furth tance of the appellant, a car bearin e Aura) was recovered, which was als arcated the hotel where he violated th the witnesses were recorded at variou irth certificate and copy of admissio ancellation register of the victim/mino ment Model Sanskriti Primary Schoo ch, the victim was born on 09.06.2010. ed Sandeep Kumar was arrested, wh the commission of offence and furth been given by the present appella him (Sandeep Kumar). Hotel CCT ificate etc. were also collected showin victim had entered and exited the hot ossession. Sealed samples were sent nalysis. Since the victim belonged oja and tigation. in the ngh and ho also which, ab from further bearing as also ated the various mission /minor School, .2010. ed, who further ppellant l CCTV showing he hotel sent to nged to GURBACHAN SINGH 2026.05.15 10:11 I attest to the accuracy and integrity of this document CRA-S-110 Scheduled was added. respects wa 3. learned Ad same was present peti 4. clean past Falsity of th fact that th witness box present app that she wa to rigorous of prosecut lines is the Court has a opined as u prosecutrix 1108-2026 -5 duled Caste/Scheduled Tribe commun added. On culmination of investig cts was filed in the Court. Appellant-accused filed applic ed Additional Sessions Judge, Fast was dismissed vide order dated 20. nt petition has been filed. Learned counsel for the appel past antecedents, has been falsely ty of the case set up against him by the that the star witness of the prosecuti ess box as PW1 deposed that she was nt appellant did not violate her perso he was declared Hostile on the reques orous cross-examination, but nothing osecution could be elucidated therefrom Continuing further, learned co is the statement of her mother, who ap t has also been drawn to the copy of ed as under:- “Human Semen was detecte However, semen could not be mentioned above including va Learned counsel contends cutrix u/s 164 Cr.P.C., wherein sh 5- mmunity, Section 3(2)(v) of SC/ST A vestigation, challan complete in a application for grant of bail before th Fast Track Special Court, Sirsa. Th ed 20.3.2026. Aggrieved of which, th appellant contends that, appellant wi alsely implicated in the present cas by the prosecution is apparent from th osecution story while appearing in th e was born on 9.6.2005 as also that th r person at any place. Despite the fa request of learned PP and was subjecte othing fruitful to the support of the cas erefrom. ned counsel contends that on the simil who appeared as PW2. Attention of th py of the RFSL Report, wherein it wa tected on exhibit-2 (Underwear ot be detected on rest of the exhibi g vaginal swabs etc.” tends that when the statement o ein she admitted having accompanie /ST Act in all fore the The ich, the ant with nt case. rom the g in the that the the fact ubjected the case similar n of the n it was wear). xhibits ent of panied GURBACHAN SINGH 2026.05.15 10:11 I attest to the accuracy and integrity of this document CRA-S-110 appellant the light of drawn is th She went a night with violated th factor. the wake o examined, prosecution version of appellant, would not s of his right speedy trial and incarc made. 4. State couns the learned the hotel who can be counsel fur age), her co 1108-2026 -6 for one night in lieu of payment ight of the submissions advanced herei n is that the appellant did not compe went along with him as she was promi t with him. That apart, there is noth ted the person of the victim only tak The next leg of submission ra ake of the star witness of the prosec ined, who as noticed above, did cution and even the scientific eviden on of the victim, lenient view deserv llant, who was arrested on 12.9.202 d not serve any useful purpose as the rights under Article 21 of the Consti trial but would also be against the carceration is an exception”. Prayer Per contra, while opposing the counsel contends that the statement earned Magistrate u/s 183 of BNSS co obtained by the IO clearly prove be seen along with the victim ente further contends that the victim consent is totally immaterial. Furt 6- yment of Rs.10,000/- is appreciated d hereinabove, the inference that can b compel the victim to accompany him promised Rs.10,000/- for spending on s nothing to indicate that the appella nly taking into consideration the Cas sion raised by learned counsel is that prosecution story having been alread , did not support the stand of th evidence does not corroborate the fi deserves to be taken in favour of th .2025, for his further incarceratio as the same would not only be violativ Constitution of India, including right principle of “Bail is a general ru Prayer for allowing the appeal has bee the request for grant of bail, learne ment of the minor girl ‘S’ recorded coupled with the CCTV footage proves the complicity of the appellan entering the said hotel. Learned Sta being minor (less than 18 years Further, in view of the seriousness an iated in t can be ny him. ing one ppellant e Caste s that in already of the the first r of the ceration iolative right to rule been learned rded by otage of pellant, State years of and GURBACHAN SINGH 2026.05.15 10:11 I attest to the accuracy and integrity of this document CRA-S-110 gravity of appellant counsel app 5. documents 6. Court. Fac have been essence bei materia to various par and gravity convicted formula for peculiar fac SCC 40, ha 1108-2026 -7 of allegations levelled, no case is made out. Dismissal of appeal No meaningful arguments appearing for the complainant-resp Heard learned counsel for ments on record. It is settled that grant or refus Factors to be kept in mind while been discussed by the Hon’ble Supr being that while exercising powers to Section 483 of BNSS), the Cou para meters including the nature of gravity of offence, punishments to icted, his past antecedents etc. Thus for exercising the discretion and ea facts. Hon’ble Supreme Court in Sa had held as under:- “21. In bail applications, g from the earliest times that th appearance of the accused p amount of bail. The object preventative. Deprivation of punishment, unless it can be r person will stand his trial wh more than verbal respect to 7- for grant of concession of bail ppeal has been prayed for. were advanced by the learne respondents No.2 and 3. the parties and have perused refusal of bail is the discretion of while granting the concession of ba Supreme Court in several cases. Th powers under Section 439 Cr.P.C. (Pa Court has to take into consideratio of the charge, evidence, seriousne be awarded to a person, if he Thus, there can be no straight jack each case has to be examined on Sanjay Chandra v. CBI, (2012) s, generally, it has been laid dow at the object of bail is to secure th ed person at his trial by reasonab ject of bail is neither punitive no n of liberty must be considered be required to ensure that an accuse l when called upon. The courts ow ct to the principle that punishme bail to learned the the bail The Pari deration iousness he is jacket on its 012) 1 down re the nable e nor red a cused ts owe hment GURBACHAN SINGH 2026.05.15 10:11 I attest to the accuracy and integrity of this document CRA-S-110 7. also in vie appellant, prejudice 1108-2026 -8 begins after conviction, and innocent until duly tried and d 22. From the earliest times, in custody pending completion hardship. From time to time, convicted persons should be secure their attendance at the is the operative test. In this co to the concept of personal libe that any person should be pu upon which, he has not b circumstances, he should be the belief that he will tamp liberty, save in the most extrao 23. Apart from the question a refusal of bail, one must n imprisonment before convict content and it would be impr as a mark of disapproval accused has been convicted fo un-convicted person for the p imprisonment as a lesson.” Keeping in view the referred view of the submissions advanc llant, but without adverting to the the trial, this Court is of the opin 8- and that every man is deemed to b nd duly found guilty. mes, it was appreciated that detentio etion of trial could be a cause of gre ime, necessity demands that some u be held in custody pending trial t the trial but in such cases, `necessit is country, it would be quite contra l liberty enshrined in the Constitutio e punished in respect of any matte ot been convicted or that in an be deprived of his liberty upon on amper with the witnesses if left xtraordinary circumstances. stion of prevention being the object st not lose sight of the fact that an nviction has a substantial punitiv mproper for any Court to refuse ba val of former conduct whether th ed for it or not or to refuse bail to a the purpose of giving him a taste erred law as mentioned hereinabove advanced by learned counsel for the merits of the case, lest it ma opinion that in the factual scenario to be ention f great e un- rial to essity' ntrary itution atter, n any n only left at ject of at any nitive e bail er the l to an ste of bove as the may nario of GURBACHAN SINGH 2026.05.15 10:11 I attest to the accuracy and integrity of this document CRA-S-110 the case deserves th the near fut only be vio including r “Bail is a Hon’ble another, 20 8. to his furn Court/Duty conditions: 1108-2026 -9 in hand, appellant who has be the concession of bail, for the lik future is quite remote, thus, his (A be violative of his rights under Articl ding right to speedy trial but would is a general rule and incarceratio ble Supreme Court in Dataram 2018(2) R.C.R. (Criminal) 131. Resultantly, appellant is grant is furnishing bail/surety bonds to t t/Duty Magistrate concerned. The appe itions:- (i) The appellant will not the trial. (ii) The appellant will prosecution witnesses. (iii) The appellant shall su learned trial Court and shal prior permission of the trial C (iv) The appellant shall not offence of which, he is an acc he is suspected of. (v) The appellant shall no induce, threaten or promise to facts of the case so as to dissu facts to the Court or to any evidence in any manner. (vi) The appellant shall not (vii) The appellant shall f number to the Trial Court fo 9- been in custody since 12.9.202 likelihood of completion of trial (A) further incarceration would Article 21 of the Constitution of Indi would also be against the principle o ration is an exception” as held b vs. State of Uttar Pradesh an s granted the concession of bail subje s to the satisfaction of learned tri e appellant shall abide by the followin not tamper with the evidence durin ill not pressurize/ intimidate th ll surrender his passport before th shall not leave the country witho al Court. l not commit an offence similar to th accused, or for commission of whic ll not directly or indirectly coerc ise to any person acquainted with th dissuade him/her from disclosing suc any police officer or tamper with th not in any manner misuse his liberty ll furnish his address and mobi rt forthwith and shall not change th .2025, trial in ould not f India, ciple of held by and subject ed trial llowing during e the re the ithout to the which oerce, ith the g such ith the berty. obile ge the GURBACHAN SINGH 2026.05.15 10:11 I attest to the accuracy and integrity of this document CRA-S-110 9. that in case at liberty to 10. herein are l construed a independen 11. 11.05.2026 gbs 1108-2026 -10 same till the conclusion of the the appellant seeks to change shall be done only with prio Court, stating the reason for th (viii) The appellant will appe and every date fixed, unless i Court. (ix) The trial Court/Duty M condition, as deemed appropri Accordingly, the present appe in case there is any breach of the afore erty to seek cancellation of bail as gran In view of the above, it is cla n are limited for the purpose of prese trued as an opinion on the merits of the endently of the aforesaid observations Pending application(s), if any, .2026 Whether Speaking/reasoned Whether Reportable 10- f the trial and in case for any reaso ange any of the aforesaid, the sam prior intimation to the learned Tri for the same. appear before the trial Court on eac ess is exempted by a specific order ty Magistrate may impose any oth ropriate while releasing the appellan t appeal is allowed and it is made cle e aforesaid conditions, the State shall b as granted to the appellant by this orde t is clarified that the observations mad f present proceedings and would not b s of the case and the trial would procee ations. if any, shall also stand disposed of. (AARADHNA SAWHNEY) JUDGE : Yes/No : Yes/No son, same Trial n each der of other ellant. de clear shall be is order. ns made d not be proceed NEY) GURBACHAN SINGH 2026.05.15 10:11 I attest to the accuracy and integrity of this document