CRM-M-52913 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (210) Bhag Chand State of Haryana. CORAM: Present: ALOK JAIN, J. (Oral) 1. 0046 dated POCSO Act, 2. repeatedly improving her version, as initially there was no penetrative sexual assault against the only with regard to the prosecution case and it is only when the prosecutrix appeared before the learned trial version and the allegations were 3. taken on record, according to which the petitioner is in custody for 03 years 02 months and 16 days but witnesses have been examined. Learned State counsel further submits that out of 16 witnesses 10 witnesses have already been examined and the trial is at a 52913-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Bhag Chand Versus State of Haryana. HON’BLE MR. JUSTICE ALOK JAIN **** Mr. Virender Kumar, Advocate for the petitioner. Ms. Swati Batra, Sr. DAG, Haryana. ALOK JAIN, J. (Oral) Prayer is for grant of regular bail to the petitioner in case FIR No. 02.07.2022, under Sections 450, 376(3) of IPC and Section 6 POCSO Act, registered at Police Station Assandh District Karnal Learned counsel for the petitioner submits that the prosecutrix is repeatedly improving her version, as initially there was no penetrative sexual assault against the petitioner only with regard to an attempt thereof, the FSL report also does not support the prosecution case and it is only when the prosecutrix appeared before the learned trial Court for recording of her testimony that she improvised the version and the allegations were levelled. Learned State counsel has filed the custody certificate, which is taken on record, according to which the petitioner is in custody for 03 years 02 months and 16 days but she could not deny the fact that all the material witnesses have been examined. Learned State counsel further submits that out of 16 witnesses 10 witnesses have already been examined and the trial is at a -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-52913-2025 Date of Decision:- 24.09.2025 ……Petitioner ……Respondent ALOK JAIN , Advocate for the petitioner. Ms. Swati Batra, Sr. DAG, Haryana. Prayer is for grant of regular bail to the petitioner in case FIR No. 450, 376(3) of IPC and Section 6 Assandh District Karnal Learned counsel for the petitioner submits that the prosecutrix is repeatedly improving her version, as initially there was no allegation of any petitioner and the original complaint was he FSL report also does not support the prosecution case and it is only when the prosecutrix appeared before the Court for recording of her testimony that she improvised the Learned State counsel has filed the custody certificate, which is taken on record, according to which the petitioner is in custody for 03 years 02 he could not deny the fact that all the material witnesses have been examined. Learned State counsel further submits that out of 16 witnesses 10 witnesses have already been examined and the trial is at a 24.09.2025 ……Petitioner ……Respondent Prayer is for grant of regular bail to the petitioner in case FIR No. 450, 376(3) of IPC and Section 6 Learned counsel for the petitioner submits that the prosecutrix is of any and the original complaint was he FSL report also does not support the prosecution case and it is only when the prosecutrix appeared before the Court for recording of her testimony that she improvised the Learned State counsel has filed the custody certificate, which is taken on record, according to which the petitioner is in custody for 03 years 02 he could not deny the fact that all the material witnesses have been examined. Learned State counsel further submits that out of 16 witnesses 10 witnesses have already been examined and the trial is at a MANJU 2025.09.24 18:16 I agree to specified portions of this document CRM-M-52913 good pace. 4. fact that the petitioner is in custody since 08.07.2022 and the take long time petitioner in custody. 5. 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. iv. 52913-2025 After hearing learned counsel for the parties and considering the the petitioner is in custody since 08.07.2022 and the take long time, hence, no useful purpose would be served by keeping the petitioner in custody. 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 concerned, after every 15 days and in case the SHO r mark his/her presence, he/she is permitted to make an application before the Illaqa Magistrate, concerned. The petitoner will not leave the country without the prior 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. -2- ing learned counsel for the parties and considering the the petitioner is in custody since 08.07.2022 and the trial is likely to , no useful purpose would be served by keeping the 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. 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 ing learned counsel for the parties and considering the trial is likely to , no useful purpose would be served by keeping the upon the merits, the present petition is , if not required in to the shall, ordinary place of residence mobile and in case of has to give an alternate number, presence before the SHO efuses to is permitted to make an application will not leave the 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 MANJU 2025.09.24 18:16 I agree to specified portions of this document CRM-M-52913 6. imposed in addition to Section 7. expression of opinion on the merits of the case and this order shall not be considered as parity 8. in any such activity once again, the present concession granted shall automatically stand vacated. September 24, 2025 manju Whether speaking/reasoned: Whether Reportable: 52913-2025 The petitioner shall abide by the terms and conditions as imposed in addition to Section 483 of BNSS, 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. September 24, 2025 Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No -3- The petitioner shall abide by the terms and conditions as BNSS, 2023 (Section 439 Cr.P.C.). 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. lear that, in case, the petitioners are found involved in any such activity once again, the present concession granted shall (ALOK JAIN) JUDGE 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 2025.09.24 18:16 I agree to specified portions of this document