CRA-S-3512 IN THE HIGH COURT OF PUNJAB & HARYANA AT (104) RAJ KUMAR @ RAJU STATE OF CORAM: HON'BLE Present: KIRTI SINGH 1. 16.10.202 whereby the application filed by the appellant under Section seeking regular bail in case FIR No. 75(2) of BNS and Section 10 SC/ST Ac dismissed. 2. 3512-2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH RAJ KUMAR @ RAJU Versus STATE OF HARYANA AND ANOTHER CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Mr. Parth Aneja, Advocate for Mr. Namit Khurana, Advocate for the appellant. Mr.Brijesh Sharma, AAG, Haryana. Mr. Omkar Chauhan, Advocate for the complainant. **** KIRTI SINGH, J. (ORAL) The present appeal has been preferred against the order dated .2025 passed by the learned Additional Sessions Judge, whereby the application filed by the appellant under Section seeking regular bail in case FIR No.192 75(2) of BNS and Section 10 of POCSO Act ct, registered at Police Station d. The translated version of the FIR is reproduced below: “Copy of application is submitted to the In Police Post, Nilokheri Subject: Molestation of a minor, Respected Sir, I, resides in Bhadbadh Singh dera and i have three children-two daughters and one son. I belong to the Valmiki caste and work as a house cleaner. My husband Dharmbir is a driver and is often away for IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRA-S-3512-2025 (O&M) Date of Decision: 23.03.2026 ......Appellant Versus HARYANA AND ANOTHER .....Respondents MS. JUSTICE KIRTI SINGH Mr. Parth Aneja, Advocate for Advocate for the appellant. Mr.Brijesh Sharma, AAG, Haryana. Mr. Omkar Chauhan, Advocate for the complainant. The present appeal has been preferred against the order dated passed by the learned Additional Sessions Judge, Karnal whereby the application filed by the appellant under Section 483 BNSS 192 dated 08.06.2025 under Section of POCSO Act and Sections 3(2)(VA) registered at Police Station Butana, District Karnal has been The translated version of the FIR is reproduced below:- Copy of application is submitted to the In-Charge, Police Post, Nilokheri Subject: Molestation of a minor, Respected Sir, I, xxxxxx W/O Dharmbir resides in Bhadbadh Singh dera and i have three two daughters and one son. I belong to the Valmiki caste and work as a house cleaner. My husband Dharmbir is a driver and is often away for 6 .....Respondents The present appeal has been preferred against the order dated Karnal, 483 BNSS under Sections ) of has been Charge, Police Post, Nilokheri Subject: Molestation of a W/O Dharmbir resides in Bhadbadh Singh dera and i have three two daughters and one son. I belong to the Valmiki caste and work as a house cleaner. My husband Dharmbir is a driver and is often away for SWARNJIT SINGH 2026.03.23 17:42 I attest to the accuracy and integrity of this document CRA-S-3512 3. been falsely implicated in the FIR, on the statement of the mother of the prosecutrix, wherein it daughter. It is submitted that other pers to him, a Therefore instant FI allegation even othe leaving a evidence Moreover before the learned trial Court. The of 09 months and 4. complainant 3512-2025 (O&M) -2- two to three days at a time. My younger daughter, xxxxxx, aged 10 years, went to our neighbor's shop of Raju to buy milk at around 7:00 PM on 06.06.2025. The shop is located inside the house. After returning, she became unusually quiet. I didn't ask her anything at that time. However, today on 07.06.2025, she hesitantly told me that the "milk uncle" had mole her. After this, my family and I went to his house to confront him. He was intoxicated and behaved rudely when questioned. Thereafter we returned home and called emergency number 112. I believe in the law and request for legal assistance. Applicant: S W/O Dharmbir Bhadbadh Singh Dera, Nilokheri Phone No: 8930817270 Signed: Learned counsel for the appellant submits that the appellant has been falsely implicated in the FIR, on the statement of the mother of the prosecutrix, wherein it was alleged that the appellant tried to molest her daughter. It is submitted that the husband sons, had brutally assaulted the a as can be seen from the MLR o e, only to escape liability for thei IR got lodged. It is submitted n have been levelled against the erwise was lodged after a cons ample room for fabrication of on record that points towards r, it is submitted that even the material witnesses stand examined before the learned trial Court. The appellant months and 08 days. Per contra, learned State counsel complainant have vehemently opposed the submission two to three days at a time. My younger daughter, , aged 10 years, went to our neighbor's shop of Raju to buy milk at around 7:00 PM on 06.06.2025. The shop is located inside the house. After returning, she became unusually quiet. I didn't ask her anything at that time. However, today on 07.06.2025, she hesitantly told me that the "milk uncle" had molested her. After this, my family and I went to his house to confront him. He was intoxicated and behaved rudely when questioned. Thereafter we returned home and called emergency number 112. I believe in the law and request for legal assistance. Applicant: Sushma W/O Dharmbir Bhadbadh Singh Dera, Nilokheri Phone No: 8930817270 Signed: SUSHMA” Learned counsel for the appellant submits that the appellant has been falsely implicated in the FIR, on the statement of the mother of the was alleged that the appellant tried to molest her d of the complainant, along with appellant, causing multiple injur of the appellant dated 07.06.20 ir acts against the appellant, was that only sweeping and omnib appellant in the instant FIR, wh siderable delay of about two days f allegations. There is no cog s the complicity of the appellant even the material witnesses stand examined appellant has undergone an actual custody learned State counsel and counsel for the vehemently opposed the submissions made by the learned two to three days at a time. My younger daughter, , aged 10 years, went to our neighbor's shop of Raju to buy milk at around 7:00 PM on 06.06.2025. The shop is located inside the house. After returning, she became unusually quiet. I didn't ask her anything at that time. However, today on 07.06.2025, she sted her. After this, my family and I went to his house to confront him. He was intoxicated and behaved rudely when questioned. Thereafter we returned home and called emergency number 112. I believe in the law ushma W/O Dharmbir Bhadbadh Singh Dera, Nilokheri Learned counsel for the appellant submits that the appellant has been falsely implicated in the FIR, on the statement of the mother of the was alleged that the appellant tried to molest her six ries 025. the bus hich of about two days, gent appellant. even the material witnesses stand examined has undergone an actual custody and counsel for the s made by the learned SWARNJIT SINGH 2026.03.23 17:42 I attest to the accuracy and integrity of this document CRA-S-3512 counsel for the appellant. in the commission of the offence. 5. today and the same is taken on record. As per appellant has undergone an actual custody of 0 learned State counsel, on instructions from the investigating officer concerned, submits that in the present case, charges were framed on 09.10.202 examined till date. the appellant, he is not entitled to the concession of regular bail. 6. parties. 7. observations passed by the Hon'ble Supreme Court in CBI, (2012) 1 SCC 40 3512-2025 (O&M) -3- counsel for the appellant. They state that the appellant was actively involved in the commission of the offence. The learned State counsel has filed custody certificate in Court today and the same is taken on record. As per appellant has undergone an actual custody of 0 learned State counsel, on instructions from the investigating officer concerned, submits that in the present case, charges were framed on .2025 and out of total 13 prosecution witnesses, 0 examined till date. He submits that in view of the serious allegations against the appellant, he is not entitled to the concession of regular bail. Heard the rival submissions made by learned counsel for Before proceeding, a gainful reference can be made to the observations passed by the Hon'ble Supreme Court in CBI, (2012) 1 SCC 40, relevant paras whereof reads thus: "21. In bail applications, generally, it has been the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty. 22. From the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great that the appellant was actively involved The learned State counsel has filed custody certificate in Court today and the same is taken on record. As per custody certificate, the appellant has undergone an actual custody of 09 months and 08 days. The learned State counsel, on instructions from the investigating officer concerned, submits that in the present case, charges were framed on prosecution witnesses, 03 have been submits that in view of the serious allegations against the appellant, he is not entitled to the concession of regular bail. Heard the rival submissions made by learned counsel for Before proceeding, a gainful reference can be made to the observations passed by the Hon'ble Supreme Court in Sanjay Chandra v. , relevant paras whereof reads thus: In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a shment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be ried and duly found guilty. From the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great that the appellant was actively involved The learned State counsel has filed custody certificate in Court custody certificate, the . The learned State counsel, on instructions from the investigating officer concerned, submits that in the present case, charges were framed on have been submits that in view of the serious allegations against Heard the rival submissions made by learned counsel for the Before proceeding, a gainful reference can be made to the Sanjay Chandra v. laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a shment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be From the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great SWARNJIT SINGH 2026.03.23 17:42 I attest to the accuracy and integrity of this document CRA-S-3512 8. bail, the Court, though not required to make a roving inquiry into the evidence, must take into consideration the nature of the offence, severity of the punishment and prima facie, the involv material on record. 09. that charges came to be fra prosecution witnesses have been examined. The pace of the proceedings, thus, indicates that the conclusion of trial is not imminent. The already remained in actual custody for a period of 0 is also not disputed that he has no criminal antecedents and is not involved in any other case. 10. against the determined on the touchstone of evidence during the course of trial, the parameters governing the grant of bail necessitate a balanced consideration 3512-2025 (O&M) -4- hardship. From time to time, necessity demands that some unconvicted persons should be held in custo secure their attendance at the trial but in such cases, "necessity" is the operative test. In this country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished i of any matter, upon which, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at liberty, save in the most extraordinary circumstances." Trite to say that at the stage of considering a petition seeking bail, the Court, though not required to make a roving inquiry into the evidence, must take into consideration the nature of the offence, severity of the punishment and prima facie, the involv material on record. Reverting to the case in hand, it is borne out from the record that charges came to be framed on 09.10 prosecution witnesses have been examined. The pace of the proceedings, thus, indicates that the conclusion of trial is not imminent. The already remained in actual custody for a period of 0 is also not disputed that he has no criminal antecedents and is not involved in any other case. While the truthfulness or otherwise of the allegations levelled against the appellant and the culpability, if any, would be tested determined on the touchstone of evidence during the course of trial, the parameters governing the grant of bail necessitate a balanced consideration hardship. From time to time, necessity demands that some unconvicted persons should be held in custody pending trial to secure their attendance at the trial but in such cases, "necessity" is the operative test. In this country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, upon which, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at liberty, save in the most extraordinary circumstances." Trite to say that at the stage of considering a petition seeking bail, the Court, though not required to make a roving inquiry into the evidence, must take into consideration the nature of the offence, severity of the punishment and prima facie, the involvement of the accused and the Reverting to the case in hand, it is borne out from the record 0.2025. Yet, only 03 out of 13 cited prosecution witnesses have been examined. The pace of the proceedings, thus, indicates that the conclusion of trial is not imminent. The appellant already remained in actual custody for a period of 09 months and 08 days is also not disputed that he has no criminal antecedents and is not involved While the truthfulness or otherwise of the allegations levelled and the culpability, if any, would be tested and determined on the touchstone of evidence during the course of trial, the parameters governing the grant of bail necessitate a balanced consideration hardship. From time to time, necessity demands that some dy pending trial to secure their attendance at the trial but in such cases, "necessity" is the operative test. In this country, it would be quite contrary to the concept of personal liberty enshrined in n respect of any matter, upon which, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at Trite to say that at the stage of considering a petition seeking bail, the Court, though not required to make a roving inquiry into the evidence, must take into consideration the nature of the offence, severity of ement of the accused and the Reverting to the case in hand, it is borne out from the record cited prosecution witnesses have been examined. The pace of the proceedings, has days. It is also not disputed that he has no criminal antecedents and is not involved While the truthfulness or otherwise of the allegations levelled and determined on the touchstone of evidence during the course of trial, the parameters governing the grant of bail necessitate a balanced consideration SWARNJIT SINGH 2026.03.23 17:42 I attest to the accuracy and integrity of this document CRA-S-3512 of the nature of accusation, the stage of the trial, the antecedents of the accused, and the likelihood justice. 11. the appellant conduct of examined. Therefore, upon herein-before, and without lest it may prejudice the trial, this detention of the and the substantial period of advance the cause of justice. The 21 of the Constitution of India, which obliges the Court to ensure that pre punitive character. The prolonged incarceration, trial being concluded in the near future, would also run settled legal principle that ‘bail is the rule and jail is the exception’, reaffirmed by the Hon’ble Supreme Court in Uttar Pradesh and another (2018) 3 SCC 22. 12. may prejudice the trial, the present appeal is allowed and the appellant is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate. 3512-2025 (O&M) -5- of the nature of accusation, the stage of the trial, the antecedents of the accused, and the likelihood of his absconding or influencing the course of Presently, no material has been placed on record to suggest that appellant poses a flight risk or that his release would impede the fair conduct of the trial, particularly when the material examined. Therefore, upon taking into account all the considerations stated before, and without expressing an opinion on the merits of the case lest it may prejudice the trial, this Court is of the opinion that the continued n of the appellant, in the backdrop of the pace of the proceedings and the substantial period of incarceration already undergone, would not advance the cause of justice. The guarantee of personal liberty under Article 21 of the Constitution of India, which includes the right to a speedy trial, obliges the Court to ensure that pre-trial punitive character. The prolonged incarceration, trial being concluded in the near future, would also run settled legal principle that ‘bail is the rule and jail is the exception’, reaffirmed by the Hon’ble Supreme Court in Uttar Pradesh and another (2018) 3 SCC 22. Without commenting anything on the merits of the cas may prejudice the trial, the present appeal is allowed and the appellant is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty Magistrate. The appellant shall also abide by the following conditions: of the nature of accusation, the stage of the trial, the antecedents of the of his absconding or influencing the course of ently, no material has been placed on record to suggest that poses a flight risk or that his release would impede the fair the trial, particularly when the material witnesses stand taking into account all the considerations stated expressing an opinion on the merits of the case Court is of the opinion that the continued backdrop of the pace of the proceedings incarceration already undergone, would not guarantee of personal liberty under Article includes the right to a speedy trial, trial incarceration does not assume a punitive character. The prolonged incarceration, without the prospect of the trial being concluded in the near future, would also run contrary to the settled legal principle that ‘bail is the rule and jail is the exception’, reaffirmed by the Hon’ble Supreme Court in Dataram Singh vs. State of Uttar Pradesh and another (2018) 3 SCC 22. Without commenting anything on the merits of the case, lest it may prejudice the trial, the present appeal is allowed and the appellant is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty nt shall also abide by the following conditions:- of the nature of accusation, the stage of the trial, the antecedents of the of his absconding or influencing the course of ently, no material has been placed on record to suggest that poses a flight risk or that his release would impede the fair witnesses stand taking into account all the considerations stated expressing an opinion on the merits of the case Court is of the opinion that the continued backdrop of the pace of the proceedings incarceration already undergone, would not guarantee of personal liberty under Article includes the right to a speedy trial, incarceration does not assume a without the prospect of the to the settled legal principle that ‘bail is the rule and jail is the exception’, as Dataram Singh vs. State of e, lest it may prejudice the trial, the present appeal is allowed and the appellant is ordered to be released on regular bail on his furnishing adequate bail/surety bonds to the satisfaction of the concerned learned trial Court/Duty SWARNJIT SINGH 2026.03.23 17:42 I attest to the accuracy and integrity of this document CRA-S-3512 13. prosecution shall be at liberty to move an application for cancellation of bail before this Court. 14. expression of opinion on the merits of the case and the trial Court would proceed independently of the observations made in the present case which are only for the purpose of 15. disposed of. 10.03.2026 SwarnjitS Whether speaking/reasoned Whether reportable 3512-2025 (O&M) -6- (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/intimidate the prosecution witness(s). (iii) The appellant will appear before the trial Court on the date fixed, unless personal presence is exempted. (iv) The appellant shall not commit an offence similar to the offence of which he is accused of, or for commission of which he is suspected. (v) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of bail ore this Court. However, nothing stated above shall be construed as a final expression of opinion on the merits of the case and the trial Court would proceed independently of the observations made in the present case which are only for the purpose of adjudicating the present appeal. Pending miscellaneous application(s), if any, also stands disposed of. 10.03.2026 Whether speaking/reasoned : Yes/No Whether reportable : Yes/No The appellant will not tamper with the evidence during the The appellant will not pressurize/intimidate the prosecution appear before the trial Court on the date fixed, unless personal presence is exempted. The appellant shall not commit an offence similar to the offence of which he is accused of, or for commission of The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from sing such facts to the Court or to any police officer or tamper with the evidence. In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of bail However, nothing stated above shall be construed as a final expression of opinion on the merits of the case and the trial Court would proceed independently of the observations made in the present case which adjudicating the present appeal. Pending miscellaneous application(s), if any, also stands (KIRTI SINGH) JUDGE Yes/No Yes/No The appellant will not tamper with the evidence during the The appellant will not pressurize/intimidate the prosecution appear before the trial Court on the date The appellant shall not commit an offence similar to the offence of which he is accused of, or for commission of The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from sing such facts to the Court or to any police officer or In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of bail However, nothing stated above shall be construed as a final expression of opinion on the merits of the case and the trial Court would proceed independently of the observations made in the present case which Pending miscellaneous application(s), if any, also stands SWARNJIT SINGH 2026.03.23 17:42 I attest to the accuracy and integrity of this document