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2025 DAILYLAW 70192 (PNJ)

DEV SAGAR v. STATE OF HARYANA

CRM-M/32786/2025 · 2025-07-28

Amarjot Bhatti

body2025

Judgment text

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CRM-M-32786-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 276 CRM-M-32786-2025 Decided on:- 28.07.2025 Dev Sagar ....Petitioner Versus State of Haryana ....Respondent CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. S.S. Nain, Advocate and Ms. Tanya Vashist, Advocate for the petitioner. Mr. Sulinder Kumar, DAG, Haryana. Mr. Deepak Kumar Bartia, Advocate for the complainant. * * * * * AMARJOT BHATTI, J.(Oral) 1. Petitioner Dev Sagar has filed petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in case FIR No. 217 dated 30.05.2025 registered under Section 123, 308, 64(1), 351(2) of Bharatiya Nyaya Sanhita, 2023 at Police Station Nissing, District Karnal. 2. Facts of the case are prosecutrix ‘S’ gave her statement that she is doing B.Com from Mahila College Bastali. Accused Dev Sagar son of Gulab Singh followed her and pressurized her for friendship. She refused and in return he threatened to kill her and her brother. Out of fear she became friendly with him. He took her on his motorcycle to a hotel ahead of bus stand. He mixed some intoxicant in cold drink and when she became unconscious, he committed wrongful act with her repeatedly and LALIT SHARMA 2025.07.29 17:02 I attest to the accuracy and integrity of this document CRM-M-32786-2025 -2- also prepared obscene video and took photographs. Thereafter, he started blackmailing her to viral said videos. She was under constant threat. Her life was ruined. Finally, matter was reported to the police. 3. Learned counsel for petitioner argued that all allegations levelled against him are false. They were in consensual relationship. Present FIR is counterblast to FIR No. 199 dated 18.05.2025 registered at Police Station Pundri, District Kaithal under Section 351(3), 191(3), 190, 126(2) and 115(2) of Bharatiya Nyaya Sanhita, 2023 (Annexure P-3). He was severely beaten up by the persons named in the FIR. Copy of his MLR is Annexure P-4, according to which he had suffered seven injuries. He is relying upon call detail and Whatsapp chat (Annexure P-5) to support his version. It is further pointed out that petitioner was granted interim bail vide order dated 19.06.2025 and he has already joined investigation and fully cooperated with Investigating Agency. 4. Bail petition is opposed by learned counsel representing complainant. There are serious allegations of stalking and rape against petitioner by giving threats. She was continuously blackmailed on account of obscene video and photographs. Petitioner is required to join investigation. Therefore, anticipatory bail petition filed by petitioner may kindly be dismissed. 5. Status report has been filed conforming the facts narrated in FIR. It is pointed out that petitioner has joined investigation on 21.06.2025 in pursuance of interim relief granted in his favour. Mobile phone and motorcycle are also recovered. He was also medically examined. It is further clarified that petitioner is not involved in any other criminal case. However, on the gravity of offence, bail petition is opposed. LALIT SHARMA 2025.07.29 17:02 I attest to the accuracy and integrity of this document CRM-M-32786-2025 -3- 6. I have considered the aforesaid factual position. It is a case of version and cross-version. On the statement of prosecutrix present FIR has been registered. Whereas on the statement of Gulab Singh father of petitioner, FIR No. 99 dated 18.05.2025 (supra) (Annexure P-3) has been registered. As per this FIR occurrence took place on 16.05.2025, when present petitioner was beaten up by Anwar, Harsh, Abhishek accompanied by other unknown persons. Copy of MLR is Annexure P-4. Learned State counsel conceded that in pursuance of interim bail granted vide order dated 19.06.2025, petitioner has already joined investigation on 21.06.2025 and he fully cooperated with Investigating Agency. No purpose would be served by sending him behind the bars. He is still ready to join investigation as and when required. Therefore, interim bail already granted in favour of petitioner Dev Sagar by the Coordinate Bench vide order dated 19.06.2025 is confirmed, subject to same terms and conditions as envisaged under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. 7. Petition is, accordingly, allowed. 8. Pending application(s), if any, also stands disposed of accordingly. 28.07.2025 (AMARJOT BHATTI) lalit JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No LALIT SHARMA 2025.07.29 17:02 I attest to the accuracy and integrity of this document