Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 38314 (PNJ)

SATENDER ALIAS BABLU v. STATE OF HARYANA

CRM-M/16380/2025 · 2025-09-16

Alok Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-16380 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (211) Satender @ Bablu State of Haryana CORAM: Present: ALOK JAIN, J. (Oral) 1. regular bail to the Sections 363, 366 registered at Police Station 2. is taken on record. As per the certificate, the petitioner has been in custody for 4 years, 1 month, and 10 days. The State Counsel submits that 6 out of 19 witnesses, including the prosecutrix and the complainant, have been examined. 16380-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of Decision: Satender @ Bablu Versus Haryana HON’BLE MR. JUSTICE ALOK JAIN **** Mr. J.P. Jangu, Advocate for the petitioner. Ms. Akshita Chauhan, DAG, Haryana Mr. Balvinder Sangwan, Advocate for ***** ALOK JAIN, J. (Oral) The present second petition has been filed seeking grant of regular bail to the petitioner in FIR No. 363, 366-A of IPC (Section 6 of registered at Police Station Sadar Ballabhgarh, District Faridabad Learned State Counsel has filed the custody certificate, which is taken on record. As per the certificate, the petitioner has been in custody for 4 years, 1 month, and 10 days. The State Counsel submits that 6 out of 19 witnesses, including the prosecutrix and the complainant, have been -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-16380-2025 Date of Decision:- 16.09.2025 ……Petitioner ……Respondent ALOK JAIN , Advocate for the petitioner. Ms. Akshita Chauhan, DAG, Haryana. , Advocate for complainant. petition has been filed seeking grant of petitioner in FIR No. 256 dated 04.07.2021 under A of IPC (Section 6 of POCSO Act added later on), r Ballabhgarh, District Faridabad. Learned State Counsel has filed the custody certificate, which is taken on record. As per the certificate, the petitioner has been in custody for 4 years, 1 month, and 10 days. The State Counsel submits that 6 out of 19 witnesses, including the prosecutrix and the complainant, have been - ……Petitioner ……Respondent petition has been filed seeking grant of under , Learned State Counsel has filed the custody certificate, which is taken on record. As per the certificate, the petitioner has been in custody for 4 years, 1 month, and 10 days. The State Counsel submits that 6 out of 19 witnesses, including the prosecutrix and the complainant, have been MANJU 2025.09.16 16:53 I agree to specified portions of this document CRM-M-16380 3. appearance on behalf of the complainant and filed appearance has committed the heinous crime and the petitioner should not be granted the concession of regular bail. However, learned counsel for the petitioner has pointed out that in the testimony of the prosecutrix especially in the cross-examination, the prosecutrix admits that she had given the Aadhaar Card with wrong date of birth to the petitioner and the same was prepared by her at the Aadhaar Centre near the school. 4. fact that the petitioner is in custody since take long time petitioner in custody. 5. allowed and any other case, subject to satisfaction of the trial Court/Duty Magistrate, concerned. He however, be released on the following conditions: i. ii. iii. 16380-2025 At this stage, Mr. Balvinder Sangwan, Advocate has put in appearance on behalf of the complainant and filed , which is taken on record. Counsel su has committed the heinous crime and the petitioner should not be granted the concession of regular bail. However, learned counsel for the petitioner has pointed out that in the testimony of the prosecutrix especially in the examination, the prosecutrix admits that she had given the Aadhaar Card with wrong date of birth to the petitioner and the same was prepared by her at the Aadhaar Centre near the school. After hearing learned counsel for the parties and considering th the petitioner is in custody since 06.08.2021 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 refuses to mark his/her presence, he/she is permitted to make an applicati -2- At this stage, Mr. Balvinder Sangwan, Advocate has put in appearance on behalf of the complainant and filed memorandum of , which is taken on record. Counsel submits that the petitioner has committed the heinous crime and the petitioner should not be granted the concession of regular bail. However, learned counsel for the petitioner has pointed out that in the testimony of the prosecutrix especially in the examination, the prosecutrix admits that she had given the Aadhaar Card with wrong date of birth to the petitioner and the same was prepared by her at the Aadhaar Centre near the school. After hearing learned counsel for the parties and considering the 06.08.2021 and the trial is likely to , no useful purpose would be served by keeping the Without commenting upon the merits, the present petition is 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 concerned, after every 15 days and in case the SHO refuses to is permitted to make an application - At this stage, Mr. Balvinder Sangwan, Advocate has put in memorandum of bmits that the petitioner has committed the heinous crime and the petitioner should not be granted the concession of regular bail. However, learned counsel for the petitioner has pointed out that in the testimony of the prosecutrix especially in the examination, the prosecutrix admits that she had given the Aadhaar Card with wrong date of birth to the petitioner and the same was prepared e trial is likely to , no useful purpose would be served by keeping the Without commenting 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 concerned, after every 15 days and in case the SHO refuses to on MANJU 2025.09.16 16:53 I agree to specified portions of this document CRM-M-16380 iv. 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. any such activity once again, the present concession granted shall automatically stand vacated. September 1 manju Whether speaking/reasoned: Whether Reportable: 16380-2025 before the Illaqa Magistrate, concerned. The petitioner 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. 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 pression 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 petitioner any such activity once again, the present concession granted shall automatically stand vacated. September 16, 2025 Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No -3- 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 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 pression 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 petitioner is found involved in any such activity once again, the present concession granted shall (ALOK JAIN) JUDGE - will not leave the country without the prior will submit the copy of However, in case, the petitioner does not 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 pression 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 2025.09.16 16:53 I agree to specified portions of this document