IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 213 CRM-M-40375-2024 Date of decision : 28.05.2025 Ramnik ...........Petitioner versus State of Haryana .......Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Rajesh Bansal, Advocate for the petitioner. Ms. Priyanka Sadar, A.A.G., Haryana. Mr. A.K. Gupta, Advocate for the complainant. ***** NAMIT KUMAR, J. (ORAL) 1. The petitioner has filed the instant petition under Section 439 of Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No.100 dated 02.05.2024 registered under Sections 365 of Indian Penal Code, 1860 (Sections 363, 366 & 376(2)(n) of IPC and Section 6 of Protection of Children from Sexual Offence Act, 2012 were added and Section 365 of IPC was deleted later on) at Police Station Matlauda, District Panipat. 2. Brief facts of the case are that complainant, who is father of the victim, made a complaint to the police stating therein that his elder daughter, who is 17 years old, studies in Government I.T.I. On 01.05.2024, his daughter had gone for I.T.I. but neither she reached in I.T.I. nor returned at home. They searched her everywhere but could not find her. On the basis of said complaint, the instant FIR was registered. The investigation was initiated. On 08.05.2024, the victim girl was recovered and her statement under Section 164 of Cr.P.C. was got recorded. She was got medico-legally examined and her pregnancy was Vinod Kothiyal 2025.05.28 19:56 I attest to the accuracy and authenticity of this document CRM-M-40375-2024 2 got terminated. The petitioner was arrested. 3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He submits that the victim girl in her statement recorded under Section 164 of Cr.P.C. does not level any allegations against the petitioner. Even in her statement recorded before the Trial Court, the victim girl has not supported the case of the prosecution. To the same effect is the statements of complainant, who is father of the victim girl and her mother. He submits that the petitioner has also solemnized marriage with the victim girl on 10.03.2024. Now, the matter has been compromised between the parties and petition bearing No.CRM-M- 45128-2024 (Ramnik Vs. State of Haryana and others) for quashing of the FIR in question on the basis of compromise has been filed by the petitioner which is pending consideration before this Court. He submits that the petitioner is in custody since 11.05.2024 and is not involved in any other case. He further submits that investigation in the present case is complete; challan has been presented; charges have been framed and prosecution evidence is going on. He further submits that the trial may take a considerable time to conclude, therefore, no fruitful purpose would be served by detaining the appellant behind bars. 4. On the other hand, learned State counsel has vehemently opposed the grant of regular bail to the petitioner on the ground that the allegations against the petitioner are serious in nature. However, she conceded the fact that the investigation in the present case is complete; challan has been presented; charges have been framed and prosecution evidence is going on. She submits that the petitioner is in custody for Vinod Kothiyal 2025.05.28 19:56 I attest to the accuracy and authenticity of this document CRM-M-40375-2024 3 the last more than one year and is not involved in any other case. 5. Learned counsel for the complainant admits the factum of compromise and has no objection if the petitioner is granted the concession of regular bail. 6. I have heard learned counsel for the parties and perused the record. 7. Keeping in view the custody period of the petitioner, which is 01 years and 17 days and the facts that the victim girl, her father, who is complainant and her mother have not supported the case of the prosecution; the matter has been compromised between the parties; the petitioner has also filed petition before this Court for quashing of FIR on the basis of compromise; investigation in the present case is complete; challan has been presented; charges have been framed; prosecution evidence is going on; the petitioner is not involved in any other case and the trial may take a considerable time to conclude, therefore, the petitioner is ordered to be released on regular bail during trial on his furnishing bail bonds/surety bonds to the satisfaction of Illaqa Magistrate/Trial Court. 8. The petition stands disposed of accordingly. 9. However, anything observed hereinabove shall not be treated as an expression of opinion on the merits of the case and is meant for the purpose of deciding the present petition only. 28.05.2025 (NAMIT KUMAR) kothiyal JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No Vinod Kothiyal 2025.05.28 19:56 I attest to the accuracy and authenticity of this document