IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 211 CRM-M-1481-2025 Date of decision : 06.08.2025 Ajay ........Petitioner versus State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: Ms. Santosh Miglani, Advocate for Ms. Geeta Rani, Advocate for the petitioner. Mr. Ramender Singh Chauhan, A.A.G., Haryana. ***** NAMIT KUMAR, J. (ORAL) 1. The present petition has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (439 of Code of Criminal Procedure, 1973) for grant of regular bail in case bearing FIR No.103 dated 02.05.2024 registered under Sections 363, 366, 376(2)(n) & 506 of Indian Penal Code, 1860 and Section 6 of Protection of Children from Sexual Offence Act, 2012 at Police Station Sanoli, Panipat. 2. Brief facts of the case are that on 02.05.2024, mother of the victim girl made a complaint to the police alleging therein that 01.05.2024, her daughter, who is 16 years old, went to Megha Beauty Parlour, Sanoli Khurd, Bus Stand to learn beauty parlour work but she did not return. She tried to trace out her own but did not find her anywhere. On the basis of the said complaint, the instant FIR was registered. Investigation was initiated. The victim was got recovered VINOD KOTHIYAL 2025.08.06 18:16 I attest to the accuracy and authenticity of this document CRM-M-1481-2025 2 and she was got medico-legally examined. On the basis of her statement recorded under Section 164 of Cr.P.C., the petitioner was arrested. 3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. The petitioner was in relationship with the victim which was consensual in nature. She submits that the victim, who was examined before the Trial Court as PW-1, has not supported the case of the prosecution. In her statement recorded before the Trial Court, the victim stated that the petitioner is not that boy who had abducted and kidnapped her and he did not commit any wrong act with her. She further stated that she had not voluntarily got recorded her statement under Section 164 of Cr.P.C. and the same was got recorded on the asking of the police officials. 4. Learned counsel for the petitioner further submits that the petitioner is behind the bars since 23.05.2024 and not involved in any other case. She also submits that investigation in the present case is complete; challan stands presented; charges have been farmed and out of total 19 prosecution witnesses, only 08 have been examined so far. The trial is likely to take a considerable time to conclude and therefore, no fruitful purpose would be served by detaining the petitioner behind the bars. 5. Per contra, learned State counsel, while referring to the averments made in the status report, has vehemently opposed the prayer for grant of regular bail to the petitioner. However, he could not refute the factual position that out of total 19 prosecution witnesses, only 08 VINOD KOTHIYAL 2025.08.06 18:16 I attest to the accuracy and authenticity of this document CRM-M-1481-2025 3 have been examined so far, the petitioner is behind the bars since more than last one year and he is not involved in any other case. 6. I have heard learned counsel for the parties and perused the record. 7. Keeping in view the custody period of petitioner which is 01 year, 02 months and 12 days and the facts that the victim girl has not supported the case of the prosecution in her statement recorded before the Trial Court; investigation has been completed; challan has been presented; charges have been framed and out of total 19 prosecution witnesses, only 08 have been examined so far; the petitioner is not involved in any other case and the trial may take a considerable time to conclude, therefore, the petitioner is ordered to be released on regular bail during trial on his furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court. 8. The petition stands disposed of accordingly. 9. However, anything observed hereinabove shall not be treated as an expression of opinion on the merits of the case and is meant for the purpose of deciding the present petition only. 06.08.2025 (NAMIT KUMAR) kothiyal JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No VINOD KOTHIYAL 2025.08.06 18:16 I attest to the accuracy and authenticity of this document