IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 213 CRM-M-627-2025 (O&M) Date of decision : 11.08.2025 Vikram ........Petitioner versus State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: Ms. Shweta Bawa, Advocate for Mr. Balraj Gujjar, Advocate for the petitioner. Ms. Priyanka Sadar, Senior D.A.G., Haryana. ***** NAMIT KUMAR, J. (ORAL) 1. The present petition has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in case bearing FIR No.326 dated 28.04.2024 registered under Sections 376(2)(n) & 506 of Indian Penal Code, 1860 at Police Station Camp Palwal, District Palwal. 2. Status report by way of an affidavit of Sh. Narender Singh, HPS, Deputy Superintendent of Police, Sadar, District Palwal, on behalf of the respondent-State, filed in the Registry is taken on record. As per para 7 of the status report, the victim/complainant has been duly informed about the pendency of the present petition. However, there is no representation on behalf of her. 3. Brief facts of the case are that the victim made a complaint to the police alleging therein that her husband had expired in an accident and on account of which, she had received claim amount of VINOD KOTHIYAL 2025.08.11 16:48 I attest to the accuracy and authenticity of this document CRM-M-627-2025 2 Rs.8,00,000/-. After sometime, she met Vikram (the present petitioner) in a marriage function of a relative where they exchanged mobile numbers and started talking to each other. After sometime, the petitioner came to meet her at Palwal and after spending sometime in Oyo hotel near Agra Chowk, he proposed marriage to her, upon which, she disclosed to him that she already has three children but he still insisted on marriage. During the course of their interaction, he told her regarding a vacant plot situated in Dholi Pali, on which he wanted to construct a house, however, since he did not have money, he asked her to lend Rs.3,00,000/- to 4,00,000/- for the same and assured her that after marriage, they would spend their life in the said constructed house. For construction of house, she gave him Rs.95,000/- though Phonepay over a period of time. He also took away from her one 2 tola gold chain. He also introduced her to his family members, who gave consent to their marriage. On 01.01.2024, the petitioner had come to meet her along with his cousin brother Mithu and borrowed cash amount of Rs.10,000/-. Thereafter, he started fighting with her and refused to get married to her. The petitioner has committed fraud with her and on the false pretext of marriage, he made illicit physical relations with her. On the basis of said complaint, the instant FIR was registered. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. The prosecutrix is a married and matured lady having three children. The relationship between the petitioner and the prosecutrix was consensual in nature. In her statement recorded before the Trial VINOD KOTHIYAL 2025.08.11 16:48 I attest to the accuracy and authenticity of this document CRM-M-627-2025 3 Court, the prosecutrix has stated that now she solemnized marriage with another person namely Niwaz in the month of January, 2025 and she does not remember on which date firstly she met the petitioner. It has further been stated by her that when they went to Oyo hotel, she gave her Aadhar Card to the hotel staff and she never made any hue and cry in the hotel. It has further been stated by her that at one point of time, her daughter also accompanied her to the Oyo hotel along with the petitioner and last time she met the petitioner on 01.01.2024 and for the first time she made a complaint on 24.04.2024. 5. Learned counsel for the petitioner further submits that the petitioner is behind the bars since 11.06.2024 and not involved in any other case. He also submits that investigation in the present case is complete; challan stands presented; charges have been farmed and out of total 12 prosecution witnesses, only 02 have been examined so far. The trial is likely to take a considerable time to conclude and therefore, no fruitful purpose would be served by detaining the petitioner behind the bars. 6. Per contra, learned State counsel, while referring to the averments made in the status report, has vehemently opposed the prayer for grant of regular bail to the petitioner on the ground that the allegations against the petitioner are serious in nature. The petitioner has committed fraud with the prosecutrix and on the false pretext of marriage, he made illicit physical relations with her. However, she could not refute the factual position that out of total 12 prosecution witnesses, only 02 (including the complainant) have been examined so far. She has VINOD KOTHIYAL 2025.08.11 16:48 I attest to the accuracy and authenticity of this document CRM-M-627-2025 4 also filed custody certificate dated 08.08.2025 in the Court which is taken on record. As per the custody certificate, the petitioner is behind the bars since more than last one year and he is not involved in any other case. 7. I have heard learned counsel for the parties and perused the record. 8. Keeping in view the custody period of petitioner which is 01 year, 01 months and 28 days and the facts that investigation has been completed; challan has been presented; charges have been framed and out of total 12 prosecution witnesses, only 02 (including the complainant) have been examined so far; 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. 9. The petition stands disposed of accordingly. 10. 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. 11.08.2025 (NAMIT KUMAR) kothiyal JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No VINOD KOTHIYAL 2025.08.11 16:48 I attest to the accuracy and authenticity of this document