CRM-M-25184 IN THE HIGH COURT OF PUNJAB AND HARYANA Pawan Kumar State of Haryana and another CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: - NAMIT KUMAR, J. 1. 482 of the Bharatiya Nagarik Suraksha anticipatory bail in case FIR No. Sections 351(3), 75(2), 75(3) of the Bharatiya Nyaya Sanhita, 2023 at Women Police Station, Hansi, District Hisar. 2. registered by respondent No.2 as Extension Lecturer (Physics) in Government college, Hansi. Her colleague Dr. Pawan Saini from the first day of her appointmen mentally and physically. He passed obscene comments and made 25184 of 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25184 Date of decision Pawan Kumar Versus Haryana and another CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Dr. Pankaj Nanhera, Advocate, for the petitioner. Ms. Gaganpreet Kaur, DAG, Haryana. Mr. Sarun Hans, Advocate, for respondent No.2. NAMIT KUMAR, J. This petition has been filed by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha anticipatory bail in case FIR No.108 dated 31.12.2024 registered under Sections 351(3), 75(2), 75(3) of the Bharatiya Nyaya Sanhita, 2023 at Women Police Station, Hansi, District Hisar. Brief facts of the case are that by respondent No.2-complainant alleging as Extension Lecturer (Physics) in Government college, Hansi. Her colleague Dr. Pawan Saini (petitioner) had been misbehaving with her from the first day of her appointment. He had been harassing her mentally and physically. He passed obscene comments and made -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 25184 of 2025 decision: 08.05.2025 ......Petitioner ......Respondent CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Nanhera, Advocate, Ms. Gaganpreet Kaur, DAG, Haryana. petition has been filed by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking 108 dated 31.12.2024 registered under Sections 351(3), 75(2), 75(3) of the Bharatiya Nyaya Sanhita, 2023 at Women Police Station, Hansi, District Hisar. Brief facts of the case are that the present FIR has been complainant alleging that she was posted as Extension Lecturer (Physics) in Government college, Hansi. Her had been misbehaving with her t. He had been harassing her mentally and physically. He passed obscene comments and made RAVINDER SINGH 2025.05.12 19:29 I attest to the accuracy and integrity of this document CRM-M-25184 obscene gestures at her. She was feeling insecure and uncomfortable with his acts and also talked bad about her. No.30A through a student. When, she reached there he asked her to sit on a chair in front of him. He Singhania University conversation foot under the table. When she scolded him room. She felt perturbed due to the incident. Thereafter, he started passing obscene commen deliberately rubbed her shoulder with his own. He passed comments upon her clothes and body. suit and the accused was sitting on a Bench in the old building seeing her, he clapped and remarked that she had come wearing black clothes like started looking around college during the entire day. experiment in Lab No.36(A), that the Principal had sent a message. He then placed his mobile phone in front of her Seeing this, s him to leave the Lab complaint against Partap Jangra under the provision of Sexual Hara Work Place (Prevention, Prohibi 25184 of 2025 obscene gestures at her. She was feeling insecure and uncomfortable with his acts and misconduct. He had also kept also talked bad about her. One day, petitioner No.30A through a student. When, she reached there he asked her to sit on a chair in front of him. He questioned the validity of Singhania University and stated the same to be conversation, he with a malafide intention, he rubbed his feet over her foot under the table. When she scolded him room. She felt perturbed due to the incident. Thereafter, he started passing obscene comments at her. Whenever, he passed by her, he deliberately rubbed her shoulder with his own. He passed comments upon her clothes and body. One day, she was wearing a black colour suit and the accused was sitting on a Bench in the old building , he clapped and remarked that she had come wearing black clothes like jam had been applied on a bread started looking around. This incident made her college during the entire day. One day, when she was doing experiment in Lab No.36(A), petitioner also that the Principal had sent a message. He then placed his mobile phone in front of her eyes. The mobile phone had a photo of a naked women. eeing this, she became annoyed and scolde him to leave the Lab immediately. On 29.12.2021, she moved a complaint against the petitioner to the Officiating Principal Dr. Ram Partap Jangra under the provision of Sexual Hara Work Place (Prevention, Prohibition and Redressal) Act -2- obscene gestures at her. She was feeling insecure and uncomfortable kept an evil eye upon her and petitioner called her in Room No.30A through a student. When, she reached there he asked her to sit questioned the validity of her Ph.D from and stated the same to be invalid. During the intention, he rubbed his feet over her foot under the table. When she scolded him, he apologized and left the room. She felt perturbed due to the incident. Thereafter, he started ts at her. Whenever, he passed by her, he deliberately rubbed her shoulder with his own. He passed comments ne day, she was wearing a black colour suit and the accused was sitting on a Bench in the old building and on , he clapped and remarked that she had come wearing black jam had been applied on a bread and after saying this, he This incident made her uncomfortable in the ne day, when she was doing an also arrived there and told her that the Principal had sent a message. He then placed his mobile phone yes. The mobile phone had a photo of a naked women. he became annoyed and scolded the petitioner and asked . On 29.12.2021, she moved a to the Officiating Principal Dr. Ram Partap Jangra under the provision of Sexual Harassment of Women at tion and Redressal) Act, 2013. The RAVINDER SINGH 2025.05.12 19:29 I attest to the accuracy and integrity of this document CRM-M-25184 matter was investigated by the Internal Complaint Committee of the College. The presence of the complainant, Principal, her parents and his own parents wrote a confessi assured not to repeat his behaviour in future in presence of so many people. For a few months everything went nicely. One day, there was a poster exhibition in the College. Her students secured first position the exhibition. she was incompetent. When she and the students objected, alongwith his brother came to her house and sought forgiveness. From the next day, he again started passing aggrieved, she moved RTI against the Institutions information through RTI, s even appeared for his he threatened her with dire consequences. He stated that he had his acquaintances added in the Internal committee. On 04.09.2024, when she went to Lab No.36 to take her class, inside whereas a.m.) he had no class in Lab No.36. She stood outside the lab waiting for him to come her. She made a complaint to the Principal assured her discouraged wrote an application to her that 25184 of 2025 matter was investigated by the Internal Complaint Committee of the College. The petitioner was found guilty by the committee. He presence of the complainant, Principal, her parents and his own parents wrote a confessional apology and she forgave him because he had assured not to repeat his behaviour in future in presence of so many people. For a few months everything went nicely. One day, there was a poster exhibition in the College. Her students secured first position the exhibition. Petitioner scolded them in her presence and stated that she was incompetent. When she and the students objected, alongwith his brother came to her house and sought forgiveness. From the next day, he again started passing inde aggrieved, she moved RTI against the petitioner to verify his academic records information through RTI, she was astonished that appeared for his interview. When, he came to know in this regard, he threatened her with dire consequences. He stated that he had his acquaintances added in the Internal committee. On 04.09.2024, when she went to Lab No.36 to take her class, petitioner whereas as per the timetable (Annexure P a.m.) he had no class in Lab No.36. She stood outside the lab waiting come out. He moved out while showing e made a complaint to the Principal to seek explanation from the petitioner discouraged students to not to take her class. One of wrote an application to her that petitioner had asked her not to take her -3- matter was investigated by the Internal Complaint Committee of the was found guilty by the committee. He, in presence of the complainant, Principal, her parents and his own parents apology and she forgave him because he had assured not to repeat his behaviour in future in presence of so many people. For a few months everything went nicely. One day, there was a poster exhibition in the College. Her students secured first position in scolded them in her presence and stated that she was incompetent. When she and the students objected, petitioner alongwith his brother came to her house and sought forgiveness. From indecent comments. Feeling petitioner to his Educational to verify his academic records. After receiving the he was astonished that petitioner had not interview. When, he came to know in this regard, he threatened her with dire consequences. He stated that he had his acquaintances added in the Internal committee. On 04.09.2024, when petitioner was already sitting as per the timetable (Annexure P-3), at that time ( 1.00 a.m.) he had no class in Lab No.36. She stood outside the lab waiting out. He moved out while showing the middle finger to e made a complaint to the Principal in this regard. Principal petitioner. On 06.11.2024, he take her class. One of the students even had asked her not to take her RAVINDER SINGH 2025.05.12 19:29 I attest to the accuracy and integrity of this document CRM-M-25184 class. She filed a complaint against official email moved a reminder on the official email meantime, several teachers were sent by the to her that some students of B.Sc. Final year came to her and told petitioner had asked them to sign an application on the pretext that their signatures would save his future otherwise their marks would be affected signed the application under pressure. after going through repeated harassment at the hands of the petitioner, she pleaded for appropriate action against 3. petitioner is innocent and has been falsely implicated in the present case as he has committed no offence are vague. been given the nothing is to be recovered from the petitioner interrogation is not required. He further submit not involved in any other case and investigation. 4. for grant of anticipatory bail to the petitioner accused of ha 25184 of 2025 She filed a complaint against the petitioner mail address. When no action was taken, on 12.11.2024, she moved a reminder on the official email address meantime, several teachers were sent by the that he wanted to apologize, but she refused. On 27.11.2024, some students of B.Sc. Final year came to her and told had asked them to sign an application on the pretext that their signatures would save his future and he subtly hinted otherwise their marks would be affected. signed the application under pressure. In light of these incidents and after going through repeated harassment at the hands of the petitioner, aded for appropriate action against him Learned counsel for the petitioner contended that the petitioner is innocent and has been falsely implicated in the present as he has committed no offence and allegations levelled in the FIR He further contended that it is the service dispute, which has been given the colour of criminal dispute nothing is to be recovered from the petitioner interrogation is not required. He further submit not involved in any other case and is ready and willing to join the investigation. Per contra, learned State counsel has opposed the prayer for grant of anticipatory bail to the petitioner accused of harassing respondent No.2 at workplace -4- the petitioner on the college no action was taken, on 12.11.2024, she address of the College. In the meantime, several teachers were sent by the petitioner to communicate wanted to apologize, but she refused. On 27.11.2024, some students of B.Sc. Final year came to her and told her that the had asked them to sign an application on the pretext that their he subtly hinted the students that . After which students had In light of these incidents and after going through repeated harassment at the hands of the petitioner, him. Learned counsel for the petitioner contended that the petitioner is innocent and has been falsely implicated in the present and allegations levelled in the FIR He further contended that it is the service dispute, which has colour of criminal dispute. He further submits that nothing is to be recovered from the petitioner, therefore, his custodial interrogation is not required. He further submits that the petitioner is is ready and willing to join the , learned State counsel has opposed the prayer for grant of anticipatory bail to the petitioner by submitting that he is rassing respondent No.2 at workplace. RAVINDER SINGH 2025.05.12 19:29 I attest to the accuracy and integrity of this document CRM-M-25184 5. the record. 6. No.2 since 202 this regard. There is CCTV footage of 04.11.2024 wherein the petitioner can be seen in Lab No.36A without having any class or duty there. On 29.12.2021 also respondent No.2 complained against the petitioner to the Officiating Principal. The said com investigated by the internal complaint committee of the college and petitioner was found guilty by the said committee. 7. complaint was resolved with the intervention of the petitioner has admitted his guilt and has begged apology report of the committee with regard to the said complaint has not been annexed with the file. Learned counsel for the petitioner has not been able to give any satisfactory reply said report of the committee with the petition. proposition of law that a person who does not approach the Court with clean hands and played fraud with the Court, is not entitled for any relief. Reference in this regard can be made to the judgments Supreme Court in SC 201: (2010) 2 SCC 114 others, 2011(7) SCC 69 8. State of Madhya Pradesh v. Pradeep Sharma, (2014) 2 Supreme 25184 of 2025 I have heard learned counsel for the parties and perused Petitioner is accused of harassing and stalking respondent No.2 since 2021 and she had moved complaints to the authorities this regard. There is CCTV footage of 04.11.2024 wherein the petitioner can be seen in Lab No.36A without having any class or duty there. On 29.12.2021 also respondent No.2 complained against the petitioner to the Officiating Principal. The said com investigated by the internal complaint committee of the college and petitioner was found guilty by the said committee. Learned counsel for the petitioner submitted that complaint was resolved with the intervention of the petitioner has admitted his guilt and has begged apology report of the committee with regard to the said complaint has not been annexed with the file. Learned counsel for the petitioner has not been able to give any satisfactory reply with regard to non report of the committee with the petition. proposition of law that a person who does not approach the Court with clean hands and played fraud with the Court, is not entitled for any relief. erence in this regard can be made to the judgments Supreme Court in Dalip Singh v. State of U.P. and others SC 201: (2010) 2 SCC 114 and Amar Singh v. Union of India and , 2011(7) SCC 69. As per the law laid down by the Hon’ble Supreme Court in State of Madhya Pradesh v. Pradeep Sharma, (2014) 2 Supreme -5- I have heard learned counsel for the parties and perused Petitioner is accused of harassing and stalking respondent and she had moved complaints to the authorities in this regard. There is CCTV footage of 04.11.2024 wherein the petitioner can be seen in Lab No.36A without having any class or duty there. On 29.12.2021 also respondent No.2 complained against the petitioner to the Officiating Principal. The said complaint was investigated by the internal complaint committee of the college and petitioner was found guilty by the said committee. Learned counsel for the petitioner submitted that earlier complaint was resolved with the intervention of the respectable wherein petitioner has admitted his guilt and has begged apology. However, report of the committee with regard to the said complaint has not been annexed with the file. Learned counsel for the petitioner has not been with regard to non-attaching of the report of the committee with the petition. It is a well-settled proposition of law that a person who does not approach the Court with clean hands and played fraud with the Court, is not entitled for any relief. erence in this regard can be made to the judgments of the Hon’ble Dalip Singh v. State of U.P. and others - JT 2009 (15) Amar Singh v. Union of India and law laid down by the Hon’ble Supreme Court in State of Madhya Pradesh v. Pradeep Sharma, (2014) 2 Supreme RAVINDER SINGH 2025.05.12 19:29 I attest to the accuracy and integrity of this document CRM-M-25184 Court Cases 171 somewhat extraordinary in character and it is to be exercised only in exceptional case implicated or where there are reasonable grounds for holding that a person accused of an offence is not likely to otherwise misuse his/her liberty. 9. harassing the complainant physically and mentally, by passing obscene comments, gestures, unwelcome sexual overtures and even sexually coloured remarks by showing pornographic picture and that too at a work place woman, is a very serious concern, therefore, this Court is of the considered opinion that granting concession of anticipatory bail to the petitioner in such a case will give wrong message in the society at large, therefore, investigation of the case and to unearth the truth and even there is every possibility that he may interfere with the investigation by intimidating or influencing the witnesses, since he is holding a good posi institution/college. 10. 10. 08.05.2025 R.S. 25184 of 2025 Court Cases 171, power exercisable under Section 438 Cr.P.C. is somewhat extraordinary in character and it is to be exercised only in exceptional cases where it appears that the person may be falsely implicated or where there are reasonable grounds for holding that a person accused of an offence is not likely to otherwise misuse his/her Since, the allegations leveled against the petitioner harassing the complainant physically and mentally, by passing obscene comments, gestures, unwelcome sexual overtures and even sexually coloured remarks by showing pornographic picture and that too at a (educational institution), despite the is a very serious concern, therefore, this Court is of the considered opinion that granting concession of anticipatory bail to the petitioner in such a case will give wrong message in the society at therefore, his custodial interrogation is necessary for proper investigation of the case and to unearth the truth and even there is every possibility that he may interfere with the investigation by intimidating or influencing the witnesses, since he is holding a good posi institution/college. Dismissed. Whether speaking/reasoned Whether Reportable -6- power exercisable under Section 438 Cr.P.C. is somewhat extraordinary in character and it is to be exercised only in s where it appears that the person may be falsely implicated or where there are reasonable grounds for holding that a person accused of an offence is not likely to otherwise misuse his/her Since, the allegations leveled against the petitioner for harassing the complainant physically and mentally, by passing obscene comments, gestures, unwelcome sexual overtures and even sexually coloured remarks by showing pornographic picture and that too at a , despite the fact that she is a single is a very serious concern, therefore, this Court is of the considered opinion that granting concession of anticipatory bail to the petitioner in such a case will give wrong message in the society at ustodial interrogation is necessary for proper investigation of the case and to unearth the truth and even there is every possibility that he may interfere with the investigation by intimidating or influencing the witnesses, since he is holding a good position in the (NAMIT KUMAR) JUDGE : Yes/No : Yes/No RAVINDER SINGH 2025.05.12 19:29 I attest to the accuracy and integrity of this document CRM-M-25184 25184 of 2025 -7- RAVINDER SINGH 2025.05.12 19:29 I attest to the accuracy and integrity of this document