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2025 DAILYLAW 5304 (PNJ)

MAYANK v. STATE OF HARYANA

CRM-M/66300/2025 · 2026-03-12

Alok Jain

body2025

Judgment text

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CRM-M-66300 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (120) Mayank State of Haryana CORAM: Present: ALOK JAIN, J. (Oral) 1. to the petitioner in case FIR No. 328 of IPC and Section 4 of POCSO Act, Kheripul, Faridabad, District Faridabad. 2. that there is an unexplained delay of six months in lodging the FIR. Learned counsel submits that there is no evidence of any sexual assault and any physical intimacy and the Learned counsel for the petitioner further submits that all the material witnesses have been e more than 03 years. 3. 66300-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Versus State of Haryana HON’BLE MR. JUSTICE ALOK JAIN **** Mr. Balraj Gujjar, Advocate for the petitioner. Ms. Swati Batra, Sr. DAG, Haryana. **** ALOK JAIN, J. (Oral) The present petition has been filed seeking grant of regular bail to the petitioner in case FIR No. 99 dated 18.02.2023 328 of IPC and Section 4 of POCSO Act, Kheripul, Faridabad, District Faridabad. Learned counsel for the petitioner has opened his arguments that there is an unexplained delay of six months in lodging the FIR. Learned counsel submits that there is no evidence of any sexual assault and any physical intimacy and the petitioner and the vic Learned counsel for the petitioner further submits that all the material witnesses have been examined and the petitioner is in custody for the last more than 03 years. Per contra, learned State counsel, has filed the custody 1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-66300-2025 (O&M) Date of Decision:- 12.03.2026 ……Petitioner ……Respondent ALOK JAIN Mr. Balraj Gujjar, Advocate for the petitioner. Ms. Swati Batra, Sr. DAG, Haryana. The present petition has been filed seeking grant of regular bail 18.02.2023, under Sections 506, 328 of IPC and Section 4 of POCSO Act, registered at Police Station arned counsel for the petitioner has opened his arguments that there is an unexplained delay of six months in lodging the FIR. Learned counsel submits that there is no evidence of any sexual assault and and the victim were good friends. Learned counsel for the petitioner further submits that all the material amined and the petitioner is in custody for the last , learned State counsel, has filed the custody - 12.03.2026 ……Petitioner ……Respondent The present petition has been filed seeking grant of regular bail 506, Police Station arned counsel for the petitioner has opened his arguments that there is an unexplained delay of six months in lodging the FIR. Learned counsel submits that there is no evidence of any sexual assault and tim were good friends. Learned counsel for the petitioner further submits that all the material amined and the petitioner is in custody for the last , learned State counsel, has filed the custody MANJU 2026.03.13 10:00 I attest to the accuracy and integrity of this document CRM-M-66300 certificate as well as status report by way of an affidavit of Sh. Rajeev Kumar, HPS, Assistant Commissioner of Police, Central, District Faridabad on behalf of respondent grant of any concession to the petit only 14 years of age. Learned State counsel submits that there are specific allegations against the petitioner in the commission of offence and petitioner has been specifically named in the FIR. Learned Stat submits that the testimony of the victim is consistent and despite a lengthy cross-examination 4. attention of the the alleged incident other on mobile phone 5. 6. material witnesses have remained in custody for the last 03 years and 23 days, coupled with the fact that there is no medica the petitioner and ascertained, Court and, hence, the purpose would be served by keeping the petitioner in custody. Accordingly, the petitioner is held entitled to the concession of regular bail. 66300-2025 (O&M) as well as status report by way of an affidavit of Sh. Rajeev Kumar, HPS, Assistant Commissioner of Police, Central, District Faridabad on behalf of respondent-State, which are taken on record, and opposed the grant of any concession to the petitioner and submits that the victim was only 14 years of age. Learned State counsel submits that there are specific allegations against the petitioner in the commission of offence and petitioner has been specifically named in the FIR. Learned Stat submits that the testimony of the victim is consistent and despite a lengthy examination, her testimony could not be shattered. At this stage, learned counsel for the petitioner has attention of the Court to the testimony of the the alleged incident the victim and the petitioner other on mobile phone, which negates the veracity of the entire allegations Heard learned counsel for the parties In light of the above and considering the fact that that material witnesses have already been examined and in custody for the last 03 years and 23 days, coupled with the fact that there is no medical evidence strictly supporting the allegations the petitioner and the issue regarding the age verification is yet to be , and all these issues shall be looked into by the learned trial Court and, hence, the trial is likely to take consi purpose would be served by keeping the petitioner in custody. Accordingly, the petitioner is held entitled to the concession of regular bail. 2- as well as status report by way of an affidavit of Sh. Rajeev Kumar, HPS, Assistant Commissioner of Police, Central, District Faridabad taken on record, and opposed the ioner and submits that the victim was only 14 years of age. Learned State counsel submits that there are specific allegations against the petitioner in the commission of offence and that the petitioner has been specifically named in the FIR. Learned State counsel submits that the testimony of the victim is consistent and despite a lengthy her testimony could not be shattered. At this stage, learned counsel for the petitioner has drawn the Court to the testimony of the victim and submits even after petitioner continued to talk to each , which negates the veracity of the entire allegations. Heard learned counsel for the parties at length. In light of the above and considering the fact that that all the been examined and that the petitioner has in custody for the last 03 years and 23 days, coupled with the fact supporting the allegations against the age verification is yet to be and all these issues shall be looked into by the learned trial trial is likely to take considerable time, no useful purpose would be served by keeping the petitioner in custody. Accordingly, the petitioner is held entitled to the concession of regular bail. - as well as status report by way of an affidavit of Sh. Rajeev Kumar, HPS, Assistant Commissioner of Police, Central, District Faridabad taken on record, and opposed the ioner and submits that the victim was only 14 years of age. Learned State counsel submits that there are specific the e counsel submits that the testimony of the victim is consistent and despite a lengthy drawn the after to each all the has in custody for the last 03 years and 23 days, coupled with the fact against the age verification is yet to be and all these issues shall be looked into by the learned trial derable time, no useful purpose would be served by keeping the petitioner in custody. Accordingly, MANJU 2026.03.13 10:00 I attest to the accuracy and integrity of this document CRM-M-66300 7. petition stands allowed an not required in any other case on furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned. The petitioner shall, however, conditions: i ii iii iv imposed in addition to Section 483 of BNSS, 2023. 8. expression of opinion on the merits of the case and this order shall not be considered as parity 9. involved in any such activity once again, the State is at liberty to promptly 66300-2025 (O&M) Without commenting upon the merits of the case, the present petition stands allowed and the petitioner is ordered to be released on bail if not required in any other case on furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned. The petitioner shall, however, The petitioner shall declare his ordinary place of residence and the mobile number used by him. The petitioner will not switch off his mobile and in case of any technical glitch, he has to give an alternate number, be available in his absence. The petitioner will mark his presence before the SHO concerned, after every 15 days and in case the SHO refuses to mark his presence, he is permitted to make an application before the Illaqa Magistrate, concerned. The petitioner will not leave the country without the prior permission of the Court, for which he will submit the copy of his passport also. However, in case the petitioner does not possess a passport, then he shall file an undertaking to the said effect before 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 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 further made clear that, in case, the involved in any such activity once again, the State is at liberty to promptly 3- Without commenting upon the merits of the case, the present d the petitioner is ordered to be released on bail if not required in any other case on furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned. The petitioner shall, however, be released on the following his ordinary place of residence and the mobile number used by him. The petitioner will not switch off his mobile and in case of any technical glitch, he has to give an alternate number, which will The petitioner will mark his presence before the SHO concerned, after every 15 days and in case the SHO refuses to mark his presence, he is permitted to make an application before the Illaqa Magistrate, concerned. he petitioner will not leave the country without the prior permission of the Court, for which he will submit the copy of his passport also. However, in case the petitioner does not possess a passport, then he shall file an undertaking to the said 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 expression of opinion on the merits of the case and this order shall not be accused in any manner whatsoever. It is further made clear that, in case, the petitioner is found involved in any such activity once again, the State is at liberty to promptly - Without commenting upon the merits of the case, the present d the petitioner is ordered to be released on bail if not required in any other case on furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate, be released on the following his ordinary place of residence and The petitioner will not switch off his mobile and in case of any which will The petitioner will mark his presence before the SHO concerned, after every 15 days and in case the SHO refuses to mark his presence, he is permitted to make an application he petitioner will not leave the country without the prior permission of the Court, for which he will submit the copy of his passport also. However, in case the petitioner does not possess a passport, then he shall file an undertaking to the said 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 petitioner is found involved in any such activity once again, the State is at liberty to promptly MANJU 2026.03.13 10:00 I attest to the accuracy and integrity of this document CRM-M-66300 move an appropriate application for cancellation of bail detailing out the circumstances and violation of conditions of bail. 10. March 12, 2026 manju Whether speaking/reasoned: Whether Reportable: 66300-2025 (O&M) move an appropriate application for cancellation of bail detailing out the circumstances and violation of conditions of bail. Pending application(s), if any, stands disposed of. March 12, 2026 Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No 4- move an appropriate application for cancellation of bail detailing out the circumstances and violation of conditions of bail. any, stands disposed of. (ALOK JAIN) JUDGE - move an appropriate application for cancellation of bail detailing out the MANJU 2026.03.13 10:00 I attest to the accuracy and integrity of this document