CRM-M-1138-2025 -1- 214 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-1138-2025 Date of Decision:- 08.05.2025 Hira Lal Chourasia ...Petitioner Vs. State of Haryana ...Respondent CORAM:-HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Himanshu Kalera, Advocate for the petitioner. Ms. Aditi Girdhar, AAG, Haryana. **** AMARJOT BHATTI, J.(Oral) 1. Petitioner – Hira Lal Chourasia has filed petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in FIR No. 640 dated 09.08.2024 (Annexure P-1) under Section 64(1) of Bharatiya Nyaya Sanhita, 2023 (Section 123 and 351(2) of BNS added later on) registered at Police Station Sector-58, District Faridabad. 2. Facts of the case are, prosecutrix ‘S’ gave her statement that she is residing with her mother. On 15.07.2024, she had called one of her acquaintance for job. For some reason she dialed No. 9868960424 to which she said that it was a wrong number since she wanted to talk to someone else. Said person disclosed his name as Hira Lal and further said that he LALIT SHARMA 2025.05.09 11:40 I attest to the accuracy and integrity of this document CRM-M-1138-2025 -2- could arrange a job for her. They talked for some time. On 08.08.2024, Hira Lal called her in connection with job and met her near Old Metro Station, Faridabad. Said Hira Lal came in a blue coloured car and she accompanied him. He offered her cold drink Pepsi. He offered that she could do job in his house since they required a maid. She was told to sit on the backseat. After consuming said cold drink, she was numb and could not react. Thereafter, she was dropped back at Metro station. She felt that Hira Lal had done wrongful act with her. With these allegations, present FIR has been registered. 3. Learned counsel for petitioner denied the allegations. There are no direction allegations of rape in FIR or in statement recorded under Section 164 Cr.P.C. She merely alleged that she felt that something bad happened to her. There is delay in lodging the FIR. Petitioner was arrested in this case on 09.08.2024 and till date he is behind the bars. Petitioner is ready to abide by terms and conditions of bail order. 4. Status report filed confirming the allegations in FIR. It is pointed out that prosecutrix was medically examined. Copy of MLR is Annexure P- 3 and as per opinion of doctor possibility of sexual intercourse cannot be ruled out. Hira Lal was also arrested on 09.08.2024. After completion of entire investigation, challan was prepared and presented before Illaqa Magistrate, Faridabad on 17.09.2024. After passing of Commitment Order, charge-sheet is already framed on 20.01.2025 but till date no witness has been examined. It is pointed out that there are serious allegations against the petitioner, therefore, he is not entitled to be released on bail. LALIT SHARMA 2025.05.09 11:40 I attest to the accuracy and integrity of this document CRM-M-1138-2025 -3- 5. I have considered the arguments advanced before me. Investigation has been completed and at present trial is going on. Copy of statement of prosecutrix recorded as PW-1 received where she has not levelled any allegation against petitioner and was finally declared hostile. Complete statement of prosecutrix is received and her testimony will be appreciated by learned Additional Sessions Judge, Faridabad at appropriate stage. Petitioner is behind the bars since 09.08.2024. Since material witness has been examined, therefore, there is no apprehension that he can influence the prosecutrix. Therefore, without expressing my mind on merits, regular bail petition filed by petitioner – Hira Lal Chourasia is allowed. He is ordered to be released on bail on furnishing bail bonds and surety bonds to the satisfaction of trial Court/Duty Judge concerned. 6. Pending miscellaneous application(s), if any, stand disposed of accordingly as well. 08.05.2025 (AMARJOT BHATTI) lalit JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No LALIT SHARMA 2025.05.09 11:40 I attest to the accuracy and integrity of this document