CRM-M-29001-2025 ----1111---- 227 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH CRM-M-29001-2025 Date of Decision:- 10.09.2025 SAIF ....Petitioner Vs. STATE OF HARYANA AND ANOTHER ...Respondents CORAM: CORAM: CORAM: CORAM:---- HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Satish Chaudhary, Advocate for the petitioner. Mr. Viney Saini, AAG, Haryana. Mr. N.K. Chhokar, Advocate for the complainant. ***** AMARJOT BHATTI, J. (Oral) AMARJOT BHATTI, J. (Oral) AMARJOT BHATTI, J. (Oral) AMARJOT BHATTI, J. (Oral) 1. Petitioner has filed instant petition under Section 439 Cr.P.C. for grant of regular bail in FIR No.61 dated 20.04.2025 under Sections 332B, 351 (3), 64, 61 (2) of Bharatiya Nyaya Sanhita, 2023 registered at Police Station Nagina, District Nuh. 2. As per facts of the case, complainant ‘A’ gave his statement that on 19.04.2025 his daughter ‘S’ aged about 20 years was sleeping in the courtyard. On the night of 20.04.2025 at about 2 AM suddenly three persons Saif, Talim and Shahrukh entered his house and caught hold of his daughter and took her away. Said persons had gagged mouth of the victim. She was taken SANDEEP KUMAR 2025.09.12 17:45 I attest to the accuracy and integrity of this document CRM-M-29001-2025 ----2222---- to the house of Saif where she was raped whereas other accused Talim and Shahrukh kept watch on them. Complainant reached on the spot. On seeing him, they ran away from there. Regarding this occurrence, matter was reported to the police. 3. Learned counsel for petitioner argued that petitioner was arrested on 20.04.2025. Allegations levelled against him are false. Version put forward by complainant is highly improbable. In-fact, daughter of complainant was in live-in relationship with the petitioner for the last three years. Their relationship was consensual. He has annexed the photographs (Annexure P-3). Victim had also approached this High Court and had filed Criminal Writ Petition No.4087-2025 seeking protection of their life and liberty. Copy of petition is Annexure P-4. Order passed in the said criminal writ petition dated 05.05.2025 is Annexure P-5. Petitioner has already joined the investigation. Statement of prosecutrix recorded under Section 183 Bharatiya Nagarik Suraksha Sanhita, 2023 is under the pressure of her family. Petitioner will abide by the terms of bail order. His regular bail application was wrongly declined by learned Additional Sessions Judge, Nuh vide order dated 15.05.2025. It is submitted that regular bail application filed by petitioner may be allowed. 4. Detailed status report has been filed. Along with status report, statement of victim recorded under Section 183 Bharatiya Nagarik Suraksha Sanhita, 2023 is Annexure R-1. Copy of her MLR is Annexure R-2. There are serious allegations against the petitioner. Present petitioner is specifically SANDEEP KUMAR 2025.09.12 17:45 I attest to the accuracy and integrity of this document CRM-M-29001-2025 ----3333---- named. On the completion of investigation, challan is already presented on 21.06.2025. Other co-accused are yet to be arrested. It is submitted that petitioner is not entitled to be released on bail. 5. I have considered the arguments and have gone through the record carefully. Present petitioner is named in the FIR. There are specific allegations against him in the statement of the victim recorded under Section 183 Bharatiya Nagarik Suraksha Sanhita, 2023 (Annexure R-1). Challan is already presented and the trial in this case is yet to start. The testimony of victim will be recorded after framing of chargesheet. Therefore, at this stage, I do not find a fit case for grant of regular bail and the same is accordingly dismissed. 6. Pending miscellaneous application (s), if any, stands disposed of accordingly as well. (AMARJOT BHATTI) (AMARJOT BHATTI) (AMARJOT BHATTI) (AMARJOT BHATTI) JUDGE JUDGE JUDGE JUDGE 10.09.2025 10.09.2025 10.09.2025 10.09.2025 snd Whether speaking/reasoned : Yes/No. Whether reportable : Yes/No SANDEEP KUMAR 2025.09.12 17:45 I attest to the accuracy and integrity of this document