CRM-M-71219 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (223) Fateh Singh State of Haryana CORAM: Present: ALOK JAIN, J. (Oral) 1. FIR No. 0313 dated 05.07.2020, registered under Section 6 of the POCSO Act; Sections 363, 366 of the SC & ST Act, 1989 (since deleted), at Police Station Tosh District Bhiwani, Haryana. 2. as well as the complainant have already been examined before the trial Court and have turned hostile. It is further submitted that the petitioner has been in custody for more than ten months and, therefore, prays for grant of the concession of regular bail to the petitioner. 3. as the status report by way of an affidavit of Mr. Dalip Singh, HPS, 71219-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Fateh Singh Versus State of Haryana and Anr. HON’BLE MR. JUSTICE ALOK JAIN **** Mr. Mohit, Advocate, Ms. Pavitra, Advocate, Mr. Sachin and Mr. Bharat, Advocates Ms. Akshita Chauhan, DAG, Haryana **** ALOK JAIN, J. (Oral) The prayer is for grant of regular bail to the petitioner in case FIR No. 0313 dated 05.07.2020, registered under Section 6 of the POCSO Act; Sections 363, 366-A, 376-DA and 506 of the IPC; and Section 3(2)(v) of the SC & ST Act, 1989 (since deleted), at Police Station Tosh District Bhiwani, Haryana. Learned counsel for the petitioner submits that both the victim as well as the complainant have already been examined before the trial Court and have turned hostile. It is further submitted that the petitioner has custody for more than ten months and, therefore, prays for grant of the concession of regular bail to the petitioner. Learned State counsel has filed the custody certificate as well as the status report by way of an affidavit of Mr. Dalip Singh, HPS, -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-71219-2025 Date of Decision:- 04.02.2026 ……Petitioner ……Respondents ALOK JAIN , Ms. Pavitra, Advocate, Mr. Sachin and Mr. Bharat, Advocates for the petitioner. Ms. Akshita Chauhan, DAG, Haryana. grant of regular bail to the petitioner in case FIR No. 0313 dated 05.07.2020, registered under Section 6 of the POCSO DA and 506 of the IPC; and Section 3(2)(v) of the SC & ST Act, 1989 (since deleted), at Police Station Tosham, Learned counsel for the petitioner submits that both the victim as well as the complainant have already been examined before the trial Court and have turned hostile. It is further submitted that the petitioner has custody for more than ten months and, therefore, prays for grant of the concession of regular bail to the petitioner. Learned State counsel has filed the custody certificate as well as the status report by way of an affidavit of Mr. Dalip Singh, HPS, Deputy - 04.02.2026 ……Petitioner s grant of regular bail to the petitioner in case FIR No. 0313 dated 05.07.2020, registered under Section 6 of the POCSO DA and 506 of the IPC; and Section 3(2)(v) am, Learned counsel for the petitioner submits that both the victim as well as the complainant have already been examined before the trial Court and have turned hostile. It is further submitted that the petitioner has custody for more than ten months and, therefore, prays for grant of Learned State counsel has filed the custody certificate as well Deputy MANJU 2026.02.04 17:44 I attest to the accuracy and integrity of this document CRM-M-71219 Superintendent of Police (Tosham), District Bhiwani, Haryana, on behalf of the respondent exceptions. 4. custody for not dispute the fact that the victim and the complainant have turned hostile. 5. material witnesses have already been examined and have turned hosti coupled with the fact that the petitioner and 25 days, and further keeping in view that the trial is likely to take a considerable time, this Court is of the opinion that no useful purpose would be served by keeping petitioner is held entitled to the concession of regular bail. 6. allowed and the petitioner is ordered to be released on bail any other case, subject to satisfaction of the trial Court/Duty Magistrate, concerned. He however, be released on the following conditions: i. ii. iii. 71219-2025 Superintendent of Police (Tosham), District Bhiwani, Haryana, on behalf of the respondent-State. The same are taken on record, subject to all just As per the custody certificate, the petitioner has been in custody for 10 months and 25 days. Learned State counsel, however, could not dispute the fact that the victim and the complainant have turned hostile. In view of the above, and considering the fact that all the material witnesses have already been examined and have turned hosti coupled with the fact that the petitioner is in custody for the last days, and further keeping in view that the trial is likely to take a considerable time, this Court is of the opinion that no useful purpose would be served by keeping the petitioner in further custody. Accordingly, the petitioner is held entitled to the concession of regular bail. Without commenting upon the merits, the present petition is allowed and the petitioner is ordered to be released on bail any other case, subject to furnishing of bail satisfaction of the trial Court/Duty Magistrate, concerned. He however, be released on the following conditions: The petitioner shall declare his and the mobile number used by him The petitioner will not switch off his any technical glitch, he/she has to give an alternate number, which will be available in his absence. The petitioner will mark his/her -2- Superintendent of Police (Tosham), District Bhiwani, Haryana, on behalf of State. The same are taken on record, subject to all just As per the custody certificate, the petitioner has been in days. Learned State counsel, however, could not dispute the fact that the victim and the complainant have turned hostile. In view of the above, and considering the fact that all the material witnesses have already been examined and have turned hostile, in custody for the last 10 months days, and further keeping in view that the trial is likely to take a considerable time, this Court is of the opinion that no useful purpose would the petitioner in further custody. Accordingly, the petitioner is held entitled to the concession of regular bail. Without commenting upon the merits, the present petition is allowed and the petitioner is ordered to be released on bail, if not required in bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned. He/she shall, however, be released on the following conditions: The petitioner shall declare his/her ordinary place of residence and the mobile number used by him/her. will not switch off his/her mobile and in case of has to give an alternate number, which will be available in his absence. /her presence before the SHO - Superintendent of Police (Tosham), District Bhiwani, Haryana, on behalf of State. The same are taken on record, subject to all just As per the custody certificate, the petitioner has been in days. Learned State counsel, however, could In view of the above, and considering the fact that all the le, months days, and further keeping in view that the trial is likely to take a considerable time, this Court is of the opinion that no useful purpose would the petitioner in further custody. Accordingly, the Without commenting upon the merits, the present petition is ed in to the shall, ordinary place of residence mobile and in case of has to give an alternate number, presence before the SHO MANJU 2026.02.04 17:44 I attest to the accuracy and integrity of this document CRM-M-71219 iv. 7. imposed in addition to Section 8. expression of opinion on the merits of the case and this order shall not be considered as parity 9. in any such activity once again, the present concession granted shall automatically stand vacated. February 04, 2026 manju Whether speaking/reasoned: Whether Reportable: 71219-2025 concerned, after every 15 days and in case the SHO refuses to mark his/her presence, he/she is permitted to make an application before the Illaqa Magistrate, concerned. The petitioner will not leave the country without t permission of the Court, for which he his/her passport also. However, in case, the petitioner does not possess a passport, then he/she shall file an undertaking to the said effect from being released. The petitioner shall abide by the terms and conditions as imposed in addition to Section 483 of BNSS, 2023 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. It is made clear that, in case, the petitioners are found in any such activity once again, the present concession granted shall automatically stand vacated. February 04, 2026 Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No -3- concerned, after every 15 days and in case the SHO refuses to is permitted to make an application before the Illaqa Magistrate, concerned. will not leave the country without the prior permission of the Court, for which he/she will submit the copy of However, in case, the petitioner does not possess a passport, then he/she shall file an undertaking to the r shall abide by the terms and conditions as BNSS, 2023. 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 accused in any manner whatsoever. It is made clear that, in case, the petitioners are found involved in any such activity once again, the present concession granted shall (ALOK JAIN) JUDGE - concerned, after every 15 days and in case the SHO refuses to is permitted to make an application he prior will submit the copy of However, in case, the petitioner does not possess a passport, then he/she shall file an undertaking to the r shall abide by the terms and conditions as 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 involved in any such activity once again, the present concession granted shall MANJU 2026.02.04 17:44 I attest to the accuracy and integrity of this document