CRM-M-5101 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (227) Sachin State of Haryana CORAM: Present: ALOK JAIN, J. (Oral) 1. FIR No. 222 dated 18.11.2024, registered under Sections 137(2), 87, 64, 61(2), 65(1), 351(2) and 70(1) of the BNS and Section 6 of the POCSO Act, at Police Station Sadar Panipat, District Panipat. 2. has been falsely implicated in the present case. Though the petitioner was named in the FIR him. It is further submitted that the main accused who allegedly committed the offence ag counsel further submits that the statement of the victim has already been recorded and she has not levelled any specific allegations against the petitioner. 5101-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Versus State of Haryana HON’BLE MR. JUSTICE ALOK JAIN **** Mr. Mohit Kumar Gujjar with Mr. Aman Pratap Singh, Advocate for the petitioner. Ms. Akshita Chauhan, DAG, Haryana **** ALOK JAIN, J. (Oral) The prayer is for grant of regular bail to the petitioner FIR No. 222 dated 18.11.2024, registered under Sections 137(2), 87, 64, 61(2), 65(1), 351(2) and 70(1) of the BNS and Section 6 of the POCSO Act, at Police Station Sadar Panipat, District Panipat. Learned counsel for the petitioner submits tha has been falsely implicated in the present case. Though the petitioner was named in the FIR but no specific role or overt act has been attributed to him. It is further submitted that the main accused who allegedly committed the offence ag counsel further submits that the statement of the victim has already been recorded and she has not levelled any specific allegations against the -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-5101-2026 Date of Decision:- 04.02.2026 ……Petitioner ……Respondent ALOK JAIN , Advocate for the petitioner. Ms. Akshita Chauhan, DAG, Haryana. The prayer is for grant of regular bail to the petitioner in case FIR No. 222 dated 18.11.2024, registered under Sections 137(2), 87, 64, 61(2), 65(1), 351(2) and 70(1) of the BNS and Section 6 of the POCSO Act, at Police Station Sadar Panipat, District Panipat. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. Though the petitioner was no specific role or overt act has been attributed to him. It is further submitted that the main accused, namely Rahul is the one, who allegedly committed the offence against the prosecutrix. Learned counsel further submits that the statement of the victim has already been recorded and she has not levelled any specific allegations against the - 04.02.2026 ……Petitioner ……Respondent in case FIR No. 222 dated 18.11.2024, registered under Sections 137(2), 87, 64, 61(2), 65(1), 351(2) and 70(1) of the BNS and Section 6 of the POCSO t the petitioner has been falsely implicated in the present case. Though the petitioner was no specific role or overt act has been attributed to , . Learned counsel further submits that the statement of the victim has already been recorded and she has not levelled any specific allegations against the MANJU 2026.02.04 17:44 I attest to the accuracy and integrity of this document CRM-M-5101 3. the order dated 12.01.2026 passed in case CM bail has been granted to the co submits that the petitioner more than 01 of regular bail to the petitioner. 4. is taken on record. As per the custody certificate, the petitioner has been in custody for could not dispute the fact that the statement of the victim has already been recorded and that the co 5. the fact that there are no allegations o petitioner by either the complainant or the victim, that the co already been granted bail, and that the petitioner has been in custody since 28.12.2024, and further keeping in view that the trial is likely to ta considerable time, this Court is of the opinion that no useful purpose would be served by keeping the petitioner in further custody. 6. allowed and the petitioner is ordered to be released any other case, subject to satisfaction of the trial Court/Duty Magistrate, concerned. He however, be released on the following conditions: i. 5101-2026 Learned counsel for the petitioner further places rel the order dated 12.01.2026 passed in case CM bail has been granted to the co-accused namely Aaditya @ Aadi, and submits that the petitioner is identically pla 01 year. Accordingly, prayer is made for grant of of regular bail to the petitioner. Learned State counsel has filed the custody certificate, which is taken on record. As per the custody certificate, the petitioner has been in custody for 01 year, 01 month and 06 days. However, learne could not dispute the fact that the statement of the victim has already been recorded and that the co-accused has been granted bail. After hearing learned counsel for the parties and considering the fact that there are no allegations of any sexual assault against the petitioner by either the complainant or the victim, that the co already been granted bail, and that the petitioner has been in custody since 28.12.2024, and further keeping in view that the trial is likely to ta considerable time, this Court is of the opinion that no useful purpose would be served by keeping the petitioner in further custody. Without commenting upon the merits, the present petition is allowed and the petitioner is ordered to be released 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 -2- Learned counsel for the petitioner further places reliance upon the order dated 12.01.2026 passed in case CM-M-72992-2025, whereby accused namely Aaditya @ Aadi, and aced and has been in custody for year. Accordingly, prayer is made for grant of the concession Learned State counsel has filed the custody certificate, which is taken on record. As per the custody certificate, the petitioner has been in days. However, learned State counsel could not dispute the fact that the statement of the victim has already been accused has been granted bail. After hearing learned counsel for the parties and considering f any sexual assault against the petitioner by either the complainant or the victim, that the co-accused has already been granted bail, and that the petitioner has been in custody since 28.12.2024, 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. 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: his/her ordinary place of residence - iance upon 2025, whereby accused namely Aaditya @ Aadi, and has been in custody for the concession Learned State counsel has filed the custody certificate, which is taken on record. As per the custody certificate, the petitioner has been in d State counsel could not dispute the fact that the statement of the victim has already been After hearing learned counsel for the parties and considering f any sexual assault against the accused has already been granted bail, and that the petitioner has been in custody since ke a considerable time, this Court is of the opinion that no useful purpose would Without commenting upon the merits, the present petition is , if not required in to the shall, ordinary place of residence MANJU 2026.02.04 17:44 I attest to the accuracy and integrity of this document CRM-M-5101 ii. iii. 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: 5101-2026 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 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 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 idered 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- 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 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 The petitioner 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 - mobile and in case of has to give an alternate number, presence before the SHO concerned, after every 15 days and in case the SHO refuses to is permitted to make an application country without the 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 The petitioner 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