CRM-M-21340-2025 -1- 230 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21340-2025 DECIDED ON: 30.04.2025 AJAY PAL .....PETITIONER VERSUS STATE OF HARYANA .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Daljeet Singh Virk, Advocate for the petitioner. Ms. Mayuri Lakhanpal Kalia, DAG Haryana SANDEEP MOUDGIL, J (ORAL) 1. Prayer This 3rd Petition under Section 483 BNSS 2023 for grant of regular bail to the petitioner in case FIR No. 333 dated 07.12.2023 (Annexure P-1) registered under Section 377 of Indian Penal Code, 1860, and Section 6 of The Protection of Children from Sexual Offence Act, 2012 (Later Sections 452 & 506 of IPC, 1860 added), at Police Station Nathu Sarai Chopta, District Sirsa. 2. Facts Facts as narrated in the FIR reads as under:- “To, The SHO, Police Station Nathu Sarai Chopta. Sir, It is submitted that I, Sunita wife of Vijay Singh, am permanent resident of Kagdana. I have one son, whose date of birth is 07.09.2009. Today, on dated 06.12.2023 in evening, my son was studying in outer room, one gate MEENU 2025.04.30 19:13 I attest to the accuracy and integrity of this document CRM-M-21340-2025 -2- whereof opens inside and one gate opens in the street. Our village person namely Kapil son of Krishan Kumar resident of Kagdana entered in the room and started doing wrong acts with my son. My son after rescuing himself from Kapil came to me and disclosed me that Kapil has done wrong act with him. When I saw, after entering the room, then Kapil, upon seeing me, ran away. It is requested to you that strict legal action may kindly be taken against Kapil son of Krishan Kumar resident of Kagdana. Sd/- Sunita, Applicant, Sunita wife of Vijay Singh, Village Kagdana District Sirsa. Mobile No. 94665-92242...... ” 3. Contentions: On behalf of the petitioner Learned counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case and victim has turned hostile and gave a statement to the effect that the petitioner is not the same person, who forcefully committed carnal intercourse with her. He further submits that the petitioner is a person of clean antecedents, as he is not involved in any other case. On behalf of the State On the other hand, learned State Counsel appearing on advance notice, accepts notice on behalf of respondent-State and has filed the custody certificate of the petitioner, which is taken on record. He does not controvert the above-said submissions made by learned counsel for the petitioner. 4. Analysis Be that as it may, considering the facts that the petitioner has suffered incarceration of 1 years, 4 months and 22 days and has no prior criminal antecedents, coupled with the fact that the victim has categorically denied recognizing the petitioner, there are strong probability of earning acquittal by the petitioner, as he victim has categorically denied the recognition of the petitioner added with the fact that investigation is complete, challan stands presented on MEENU 2025.04.30 19:13 I attest to the accuracy and integrity of this document CRM-M-21340-2025 -3- 29.01.2024, charges have been framed on 20.03.2024 and out of total 15 prosecution witnesses, only six have been examined so far. This Court is sanguine of the fact that conclusion of trial shall take considerable time, no useful purpose would be served by keeping the petitioner behind bars for uncertain period, wherein “bail is a rule and jail is an exception” and it would also violate the principle of right to speedy trial and expeditious disposal under Article 21 of Constitution of India, as has been time and again discussed by this Court, while relying upon the judgment of the Apex Court passed in Dataram Singh vs. State of Uttar Pradesh & Anr. 2018(2) R.C.R. (Criminal) 131. Relevant paras of the said judgment is reproduced as under:- “2. A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being incarcerated and for longer periods. This does not do any good to our criminal jurisprudence or to our society. 3. There is no doubt that the grant or denial of bail is entirely the discretion of the judge considering a case but even so, the exercise of judicial discretion has been circumscribed by a large number of decisions rendered by this Court and by every High Court in the country. Yet, occasionally there is a necessity to introspect whether denying bail to an accused person is the MEENU 2025.04.30 19:13 I attest to the accuracy and integrity of this document CRM-M-21340-2025 -4- right thing to do on the facts and in the circumstances of a case. 4. While so introspecting, among the factors that need to be considered is whether the accused was arrested during investigations when that person perhaps has the best opportunity to tamper with the evidence or influence witnesses. If the investigating officer does not find it necessary to arrest an accused person during investigations, a strong case should be made out for placing that person in judicial custody after a charge sheet is filed. Similarly, it is important to ascertain whether the accused was participating in the investigations to the satisfaction of the investigating officer and was not absconding or not appearing when required by the investigating officer. Surely, if an accused is not hiding from the investigating officer or is hiding due to some genuine and expressed fear of being victimised, it would be a factor that a judge would need to consider in an appropriate case. It is also necessary for the judge to consider whether the accused is a first-time offender or has been accused of other offences and if so, the nature of such offences and his or her general conduct. The poverty or the deemed indigent status of an accused is also an extremely important factor and even Parliament has taken notice of it by incorporating an Explanation to section 436 of the Code of Criminal Procedure, 1973. An equally soft approach to incarceration has been taken by Parliament by inserting section 436A in the Code of Criminal Procedure, 1973. 5. To put it shortly, a humane attitude is required to be adopted by a judge, while dealing with an application for remanding a suspect or an accused person to police custody or judicial custody. There are several reasons for this including maintaining the dignity of an accused person, howsoever poor that person might be, the requirements of Article 21 of the Constitution and the fact that there is enormous overcrowding MEENU 2025.04.30 19:13 I attest to the accuracy and integrity of this document CRM-M-21340-2025 -5- in prisons, leading to social and other problems as noticed by this Court in In Re-Inhuman Conditions in 1382 Prisons, 2017(4) RCR (Criminal) 416: 2017(5) Recent Apex Judgments (R.A.J.) 408 : (2017) 10 SCC 658 6. The historical background of the provision for bail has been elaborately and lucidly explained in a recent decision delivered in Nikesh Tara chand Shah v. Union of India, 2017 (13) SCALE 609 going back to the days of the Magna Carta. In that decision, reference was made to Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565 in which it is observed that it was held way back in Nagendra v. King-Emperor, AIR 1924 Calcutta 476 that bail is not to be withheld as a punishment. Reference was also made to Emperor v. Hutchinson, AIR 1931 Allahabad 356 wherein it was observed that grant of bail is the rule and refusal is the exception. The provision for bail is therefore age-old and the liberal interpretation to the provision for bail is almost a century old, going back to colonial days. 7. However, we should not be understood to mean that bail should be granted in every case. The grant or refusal of bail is entirely within the discretion of the judge hearing the matter and though that discretion is unfettered, it must be exercised judiciously and in a humane manner and compassionately. Also, conditions for the grant of bail ought not to be so strict as to be incapable of compliance, thereby making the grant of bail illusory.” Therefore, to elucidate further, this Court is conscious of the basic and fundamental principle of law that right to speedy trial is a part of reasonable, fair and just procedure enshrined under Article 21 of the Constitution of India. This constitutional right cannot be denied to the accused as is the mandate of the Apex court in “Balwinder Singh versus State of Punjab and Another”, SLP (Crl.) No.8523/2024. Relevant paras of the said judgment reads as under:- MEENU 2025.04.30 19:13 I attest to the accuracy and integrity of this document CRM-M-21340-2025 -6- “7. An accused has a right to a fair trial and while a hurried trial is frowned upon as it may not give sufficient time to prepare for the defence, an inordinate delay in conclusion of the trial would infringe the right of an accused guaranteed under Article 21 of the Constitution. 8. It is not for nothing the Author Oscar Wilde in “The Ballad of Reading Gaol”, wrote the following poignant lines while being incarcerated: “I know not whether Laws be right, Or whether Laws be wrong; All that we know who be in jail Is that the wall is strong; And that each day is like a year, A year whose days are long.” 5. Relief In view of the discussions made hereinabove, the petitioner is hereby directed to be released on regular bail on furnishing bail and surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned. In the afore-said terms, the present petition is hereby allowed. However, it is made clear that anything stated hereinabove shall not be construed as an expression of opinion on the merits of the case. (SANDEEP MOUDGIL) 30.04.2025 JUDGE Meenu Whether speaking/reasoned Yes/No Whether reportable Yes/No MEENU 2025.04.30 19:13 I attest to the accuracy and integrity of this document