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2026 DAILYLAW 20200 (PNJ)

ROHTASH v. STATE OF HARYANA

CRM-M/27011/2026 · 2026-05-18

Kirti Singh

body2026

Judgment text

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CRM-M-27011-2026 (O&M)   IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (223) CRM-M-27011-2026 (O&M) Date of Decision: 18.05.2026 ROHTASH ......Petitioner Versus STATE OF HARYANA .....Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Parminder Singh, Advocate for the petitioner.        **** KIRTI SINGH , J. (ORAL) 1. The jurisdiction of this Court under Section 483 of BNSS (439 of Cr.P.C.) has been invoked for grant of regular bail to the petitioner in case FIR No.683 dated 25.08.2024 under Sections 115(2), 74, 76, 351(2), 3(5), BNS (earlier Sections 323, 354, 354-B, 506, 34 of IPC), registered at Police Station Sadar Karnal, District Karnal. 2. The translated version of the FIR is reproduced below:- “Copy of complaint is as To, The S.H.O., Sadar Police Station Karnal. Respected Sir, it is respectfully submitted that I xxxx D/o Chaina Singh Rio Gandhi Colony, Smalkha. Today on 24.08.2024 at about 05 PM, I had brought my client Parvesh D/o Balraj Singh R/o Birholi in my car to drop her in her in-laws house Rattangarh Karnal. At about 07 PM, I made telephonic call on mobile no.868596xxxx from mobile no.989624xxxx. Radhey Shyam threatened to kill and told that this is my ancestral house. My father has disowned me. How dare you to bring my wife here. She is barren and her character is also bad. Saying this, he disconnected the call and Gurdev and Sonu standing there in the street threatened that today you have brought this whore. Today XXXXXXXXXXXXxx. The house which Parvesh has got in share, we want to buy that house. We will not let her live here. We will teach you a lesson to come here. On hearing this, I came inside and ITHLESH KUMAR 2026.05.18 18:38 I attest to the accuracy and integrity of this order/judgment CRM-M-27011-2026 (O&M)   Parvesh started cooking food. At about 8.15 PM, three men came inside the house. I recorded their video. These persons on seeing us inside and while going away, locked the main gate from outside. We both got scared. Only after 10 minutes, Hukam Chand, Rohtash, Sonu, Gurdev, Radehy Shyam and other men suddenly entered inside our room and told both of us, either do as we say. On saying this, everyone started removing our clothes. We started screaming loudly. My pant was removed. I screamed loudly. When I screamed then my clothes were torn apart. My chest was pressed with force by Rohtash. Removed my Kurtha and kicked on my private parts. I screamed loudly for saving then Rohtash hit gandasi on my head and second time hit gandasi on my hand and Sonu hit very much with saria. Hukam Chand teased Parvesh and torn apart the clothes. When Parvesh objected and screamed then Gurdev and others started hitting rods on her hand and kept on dragging by hair. We kept on screaming loudly. On hearing our screaming, people from nearby came. On seeing them, all of them ran away alongwith their weapons and while going away, they threatened us to kill that today you got saved, if again you come here then we will kill you. Strictest action may be taken against the accused persons. It shall be very kindness of you. Sd/- xxxx Applicant xxxx D/o Chain Singh R/o Gandhi Colony Ward No.5 Smalkha District Panipat 989624xxxx Date 25.08.24.” 3. Learned counsel for the petitioner submits that the petitioner, aged about 42 years, has been falsely implicated in the present case on the basis of the statement made by the complainant, an advocate by profession, who got registered the present FIR to exert pressure in the matrimonial litigation of the victim, to whom she is well known. It is submitted that the nomination of the petitioner as an accused is solely due to his relation to the husband of the victim. Questioning the bona fide behind the filing of the complaint, it is submitted that the complainant had previously instituted as many as 14 identical complaints against various individuals, however, most of them were found to be false. Learned counsel also points out that multiple FIRs are pending against the complainant herself, in which she is currently facing trial. In fact, the complainant was convicted by the learned Additional Sessions Judge, Panipat, and was sentenced to undergo imprisonment for a period of three years vide judgment dated 08.07.2013. Moreover, even the ITHLESH KUMAR 2026.05.18 18:38 I attest to the accuracy and integrity of this order/judgment CRM-M-27011-2026 (O&M)   license of the complainant to practice law has been suspended by the Bar Council concerned. Be that as it may, it is submitted that there is no cogent evidence on record to substantiate the allegations levelled against the petitioner, who              !"          # the similarly situated co-accused has been granted the concession of regular bail by this Court vide order dated 22.04.2026 passed in CRM-M-20458-2026. 4. Per contra, learned State counsel has vehemently opposed the submissions made by the learned counsel for the petitioner. Learned State counsel states that the petitioner was actively involved in the commission of the offence. He has filed custody certificate in Court today and the same is taken on record. As per custody certificate, the petitioner has undergone an actual custody of     !"  . The learned State counsel, on instructions from the investigating officer concerned, submits that in the present case, charges were framed on 14.07.2025 and out of total 19 prosecution witnesses, 05 have been examined till date. Learned State counsel further submits that in view of the serious allegations against the petitioner, he is not entitled to the concession of regular bail. 5. Heard the rival submissions made by learned counsel for the parties. 6. B             $    $ %   $ &$     '           %   (       )                                                                             ITHLESH KUMAR 2026.05.18 18:38 I attest to the accuracy and integrity of this order/judgment CRM-M-27011-2026 (O&M)                                                                                           !                           !                                                                                "                                                #        * + %     $          $     , *! ! ! -  .   (  % $  /    0                   !"   1 2      (       %                  $      (  $              %          %   $      $                             3     $       . 4     $               3     (     ITHLESH KUMAR 2026.05.18 18:38 I attest to the accuracy and integrity of this order/judgment CRM-M-27011-2026 (O&M)       (     (    /   0    3            $   (  /                '                  $ 3                   $           ( %       0       $   !  ' # (        $  '                          %    0     (     $      (           5$         / 6   $ 6$    '    ! " #     $          (                 7            $     $    7  $ 8  $           '89     $   (    ) :;0   (  (   %     :;0   ( < 8     ( : ; :;0   (  $    '   /         /   :%;0          ITHLESH KUMAR 2026.05.18 18:38 I attest to the accuracy and integrity of this order/judgment CRM-M-27011-2026 (O&M)  %   (       (       :%;0       3            7  (                  '     (  %    # $     $%     $  $ %       $ $    ' ! #       $ %       $%          $    $       /       = 4        : ;          (KIRTI SINGH) JUDGE May 18, 2026 Ithlesh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ITHLESH KUMAR 2026.05.18 18:38 I attest to the accuracy and integrity of this order/judgment