CRA-S-3468 IN THE HIGH COURT OF PUNJAB AND HARYANA AT 102 PARVEEN STATE OF HARYANA AND OTHERS CORAM: Present: ALOK JAIN, J. (Oral) 1. dated 09.10.2025 passed by the learned Additional Sessions Judge, Kaithal, in a case bearing FIR No. 285 dated 13.09.2025, under Section 75(2) 351(2) of the BNS and Section 8 of the POCSO Act, 2012 3(2)(va) of SC/ST Act the present appellant has been dismissed. 2. narrated in the FIR are false and concocted, and that the appellant is a young boy of 20 years with cl infatuation which led to the said incident. Learned counsel for the appellant further submits that the victim, who is approximately 16 years -1- 3468-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Versus STATE OF HARYANA AND OTHERS HON’BLE MR. JUSTICE ALOK JAIN **** Mr. Mayur Karkra, Advocate for the appellant. Ms. Swati Batra, Sr. DAG, Haryana. assisted by SI Randeep Singh. **** ALOK JAIN, J. (Oral) The present appeal has been filed against the dated 09.10.2025 passed by the learned Additional Sessions Judge, Kaithal, in a case bearing FIR No. 285 dated 13.09.2025, under Section 75(2) of the BNS and Section 8 of the POCSO Act, 2012 3(2)(va) of SC/ST Act, at Police Station Kaithal City, whereby the bail of the present appellant has been dismissed. Learned counsel for the appellant submits that the allegations narrated in the FIR are false and concocted, and that the appellant is a young boy of 20 years with clean antecedents. It is, apparently, a case of infatuation which led to the said incident. Learned counsel for the appellant further submits that the victim, who is approximately 16 years IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-S-3468-2025 (O&M) Date of Decision:- 19.03.2026 ……Appellant ……Respondents ALOK JAIN Mr. Mayur Karkra, Advocate for the appellant. Ms. Swati Batra, Sr. DAG, Haryana. The present appeal has been filed against the impugned order dated 09.10.2025 passed by the learned Additional Sessions Judge, Kaithal, in a case bearing FIR No. 285 dated 13.09.2025, under Section 75(2), of the BNS and Section 8 of the POCSO Act, 2012 and Section ce Station Kaithal City, whereby the bail of Learned counsel for the appellant submits that the allegations narrated in the FIR are false and concocted, and that the appellant is a ean antecedents. It is, apparently, a case of infatuation which led to the said incident. Learned counsel for the appellant further submits that the victim, who is approximately 16 years of age, was ……Appellant ……Respondents impugned order dated 09.10.2025 passed by the learned Additional Sessions Judge, Kaithal, , and Section ce Station Kaithal City, whereby the bail of Learned counsel for the appellant submits that the allegations narrated in the FIR are false and concocted, and that the appellant is a ean antecedents. It is, apparently, a case of infatuation which led to the said incident. Learned counsel for the appellant , was MANJU 2026.03.19 14:57 I attest to the accuracy and integrity of this document CRA-S-3468 in consensual communication challan has been filed, which do not disclose any sexual assault. events narrated and further poss ruled out. Learned counsel submits that the testimony of the victim has already been completed and, therefore, the appellant be granted the concession of regular bail. 3. the SC/ST Act are not attracted as no offence is made out under the same however, the said issue shall be considered by the learned trial Court at an appropriate stage. 4. certificate as well as a status report by way of an affidavit of Bir Bhan, HPS, Deputy Superintendent of Police (HQ), Kaithal, on behalf of the respondent- any concession to the peti application relies upon Annexure A appellant and the victim question regarding the same to the victim during cross However, it could not be denied that 3 out of 16 witnesses have already been examined. 5. petitioner has been in custody for more than 6 months and has clean -2- 3468-2025 (O&M) in consensual communication on Whatsapp challan has been filed, which do not disclose any sexual assault. Learned counsel for the appellant further submits that narrated by prosecutrix do not describe serious and grave allegations further possibility of appellant and prosecutrix being friends cannot be Learned counsel submits that the testimony of the victim has already been completed and, therefore, the appellant be granted the concession of regular bail. Learned counsel for the appellant submits that the rigours of the SC/ST Act are not attracted as no offence is made out under the same however, the said issue shall be considered by the learned trial Court at an appropriate stage. Per contra, learned State counsel has filed certificate as well as a status report by way of an affidavit of Bir Bhan, HPS, Deputy Superintendent of Police (HQ), Kaithal, on behalf of the State, which is taken on record, and has opposed the grant of any concession to the petitioner. It is submitted that the entire bail application relies upon Annexure A-5, i.e., the WhatsApp chat between the appellant and the victim, but interestingly, the appellant did not put any question regarding the same to the victim during cross However, it could not be denied that 3 out of 16 witnesses have already been examined. In light of the above, and considering the fact that the petitioner has been in custody for more than 6 months and has clean on Whatsapp with the appellant, and the challan has been filed, which do not disclose any allegations of penetrative Learned counsel for the appellant further submits that the not describe serious and grave allegations ibility of appellant and prosecutrix being friends cannot be Learned counsel submits that the testimony of the victim has already been completed and, therefore, the appellant be granted the appellant submits that the rigours of the SC/ST Act are not attracted as no offence is made out under the same, however, the said issue shall be considered by the learned trial Court at an , learned State counsel has filed the custody certificate as well as a status report by way of an affidavit of Bir Bhan, HPS, Deputy Superintendent of Police (HQ), Kaithal, on behalf of the State, which is taken on record, and has opposed the grant of tioner. It is submitted that the entire bail 5, i.e., the WhatsApp chat between the interestingly, the appellant did not put any question regarding the same to the victim during cross-examination. However, it could not be denied that 3 out of 16 witnesses have already In light of the above, and considering the fact that the petitioner has been in custody for more than 6 months and has clean the of penetrative the not describe serious and grave allegations ibility of appellant and prosecutrix being friends cannot be Learned counsel submits that the testimony of the victim has already been completed and, therefore, the appellant be granted the appellant submits that the rigours of , however, the said issue shall be considered by the learned trial Court at an the custody certificate as well as a status report by way of an affidavit of Bir Bhan, HPS, Deputy Superintendent of Police (HQ), Kaithal, on behalf of the State, which is taken on record, and has opposed the grant of tioner. It is submitted that the entire bail 5, i.e., the WhatsApp chat between the interestingly, the appellant did not put any tion. However, it could not be denied that 3 out of 16 witnesses have already In light of the above, and considering the fact that the petitioner has been in custody for more than 6 months and has clean MANJU 2026.03.19 14:57 I attest to the accuracy and integrity of this document CRA-S-3468 antecedents, coupled with the fac 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. 6. appeal stands allowed and the not required in any other case on furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Dut concerned. The conditions: i ii iii iv -3- 3468-2025 (O&M) antecedents, coupled with the fact that the 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. Without commenting upon the stands allowed and the appellant 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/Dut concerned. The appellant shall, however, be released on the following The appellant shall declare his ordinary place of residence and the mobile number used by him. The appellant will not switch off his mobile and in case of any technical glitch, he has to give an alternate number, which will be available in his absence. The appellant 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 app before the Illaqa Magistrate, concerned. The appellant 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. t that the 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 Without commenting upon the merits of the case, the present 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, shall, however, be released on the following his ordinary place of residence and the mobile number used by him. will not switch off his mobile and in case of any echnical glitch, he has to give an alternate number, which will 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. 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 t that the 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 merits of the case, the present is ordered to be released on bail if not required in any other case on furnishing bail bonds and y Magistrate, shall, however, be released on the following his ordinary place of residence and will not switch off his mobile and in case of any echnical glitch, he has to give an alternate number, which will will mark his presence before the SHO concerned, after every 15 days and in case the SHO refuses to lication 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 MANJU 2026.03.19 14:57 I attest to the accuracy and integrity of this document CRA-S-3468 imposed in addition to Section 483 of BNSS, 2023. 6. expression of opinion on the merits of the case and this order shall not be considered as parity qua any other co 7. involved in any such activity once again, the State is at liberty to promptly move an appropriate application for cancellation of bail detailing out the circumstances and violation of conditions of bail. 8. March 19, 2026 manju Whether speaking/reasoned: Whether Reportable: -4- 3468-2025 (O&M) The appellant 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 move an appropriate application for cancellation of bail detailing out the circumstances and violation of conditions of bail. Pending application(s), if any, stands March 19, 2026 Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No 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 appellant is found involved in any such activity once again, the State is at liberty to promptly 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. (ALOK JAIN) JUDGE 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 is found involved in any such activity once again, the State is at liberty to promptly move an appropriate application for cancellation of bail detailing out the MANJU 2026.03.19 14:57 I attest to the accuracy and integrity of this document