CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA AT 210 Rohit @ Rohid Khan Versus State of Haryana CORAM: Present: AARADHNA SAWHNEY, J. (Oral) 1. registered against him BNS, at Police Station petition for grant of bail 2. being taken from para 4 of the status report dated 11.5.2026 filed by way of affidavit of Abhimanyu Lohan, HPS, Deputy Superintendent of Police, Tauru, District Nuh. The same are reproduced hereinunder -21761-2026 -1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Rohit @ Rohid Khan Versus State of Haryana CORAM: HON’BLE MS. JUSTICE AARADHNA SAWHNEY. Mr. Arjun Dhingra, Advocate for the petitioner. Mr. K.L. Saini, Senior DAG, **** AARADHNA SAWHNEY, J. (Oral) Petitioner, an accused in case FIR No. registered against him and others under Sections BNS, at Police Station Sadar Tauru, District Nuh petition for grant of bail u/s 483 Cr.P.C. Relevant facts necessary for disposal of the pres being taken from para 4 of the status report dated 11.5.2026 filed by way of affidavit of Abhimanyu Lohan, HPS, Deputy Superintendent of Police, Tauru, District Nuh. The same are reproduced hereinunder “To the Mahila Mandal, Tauru. Subj rape by turns against Tauhid Rukmuddin (the present petitioner herein/accused) and son of Rasheed, all residents of village Kaliaki, Tauru. Sir, I request that XXXX wife of Yakul a resident of Kaliaki, Tehsil 1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21761-2026 Date of Decision: 25.05.2026 …Petitioner. …Respondent. HON’BLE MS. JUSTICE AARADHNA SAWHNEY. , Advocate for the petitioner. DAG, Haryana. Petitioner, an accused in case FIR No. 321 dated 05.11.2024 under Sections 115, 351(2), 70(1), 87 Sadar Tauru, District Nuh, has filed the present necessary for disposal of the present petition are being taken from para 4 of the status report dated 11.5.2026 filed by way of affidavit of Abhimanyu Lohan, HPS, Deputy Superintendent of Police, Tauru, District Nuh. The same are reproduced hereinunder:- “To the Mahila Mandal, Tauru. Subject: About kidnapping and Tauhid, son of Sahabudin, Rohit, son of Rukmuddin (the present petitioner herein/accused) and Asif son of Rasheed, all residents of village Kaliaki, Tauru. Sir, I request that XXXX wife of Yakul a resident of Kaliaki, Tehsil Date of Decision: 25.05.2026 05.11.2024, 115, 351(2), 70(1), 87 of , has filed the present ent petition are being taken from para 4 of the status report dated 11.5.2026 filed by way of affidavit of Abhimanyu Lohan, HPS, Deputy Superintendent of Police, ect: About kidnapping and , son of Asif, son of Rasheed, all residents of village Kaliaki, Tauru. Sir, I request that XXXX wife of Yakul a resident of Kaliaki, Tehsil GURBACHAN SINGH 2026.05.30 15:07 I attest to the accuracy and integrity of this document CRM-M- the site plan and recorded the statements of various witnesses. V also got medico legally examined on 6.11.2024. On the following day, i.e. on 7.11.2024, her statement u/s 183 BNSS/164 Cr.P.C. was got recorded from the learned Magistrate, wherein she present petitioner, namely, other accomplices, namely, Asif and Tauhid, had kidnapp forcibly took -21761-2026 -2 Tauru, District Nuh, is a permanent resident. On 30.10.2024, between 1 and 1.30 in the morning, I heard the sound of my buffalo braying. I went there and saw that my buffalo was loose. When I tied it and went back home, a red Swift car was parked there. Three men got out of the car and forcibly put me in the Swift car. When I tried to shout, they gagged me and took me near Padhaini and Gaugajaka KMP Road, where all three of them raped me one by one. My condition deteriorated badly and they left me behind my house at arou fled. While leaving, they threatened me saying that if I told anyone about this incident, they feeling mentally and physically disturbed. I started bleeding, my health started deteriorating, so on 03.11.2024, I told the whole incident to my husband. Sir, the car swift was of Tauhid. Therefore, I request you to take above culprits and please help me get justice. It will be a great favour from you. Thanking you RTI XXX.” Based upon the above mentioned application, it was found that prima facie the crime under section 87, 70(1), 351(2), BNS has been found to have been committed and the present FIR was registered and the investigations were carried.” During investigation, IO inspected the scene of crime, prepared the site plan and recorded the statements of various witnesses. V also got medico legally examined on 6.11.2024. On the following day, i.e. on 7.11.2024, her statement u/s 183 BNSS/164 Cr.P.C. was got recorded from the learned Magistrate, wherein she present petitioner, namely, Rohit @ Rohid Khan accompanied by his two other accomplices, namely, Asif and Tauhid, had kidnapp forcibly took her to KMP Road, where her person was violated by each 2- Tauru, District Nuh, is a permanent resident. On 30.10.2024, between 1 and 1.30 in the morning, I heard the sound of my o braying. I went there and saw that my buffalo was loose. When I tied it and went back home, a red Swift car was parked there. Three men got out of the car and forcibly put me in the Swift car. When I tried to shout, they gagged me and dhaini and Gaugajaka KMP Road, where all three of them raped me one by one. My condition deteriorated badly and they left me behind my house at around 3 am and fled. While leaving, they threatened me saying that if I told anyone about this incident, they would kill me. Sir, I started feeling mentally and physically disturbed. I started bleeding, my health started deteriorating, so on 03.11.2024, I told the whole incident to my husband. Sir, the car swift was of Tauhid. Therefore, I request you to take strict legal action against the above culprits and please help me get justice. It will be a great favour from you. Thanking you RTI XXX.” Based upon the above mentioned application, it was found that prima facie the crime under section 87, 70(1), 351(2), 115 of BNS has been found to have been committed and the present FIR was registered and the investigations were carried.” During investigation, IO inspected the scene of crime, prepared the site plan and recorded the statements of various witnesses. Victim was also got medico legally examined on 6.11.2024. On the following day, i.e. on 7.11.2024, her statement u/s 183 BNSS/164 Cr.P.C. was got recorded from the learned Magistrate, wherein she reiterated her version that the Rohit @ Rohid Khan accompanied by his two other accomplices, namely, Asif and Tauhid, had kidnapped her in the night, her to KMP Road, where her person was violated by each one Tauru, District Nuh, is a permanent resident. On 30.10.2024, between 1 and 1.30 in the morning, I heard the sound of my o braying. I went there and saw that my buffalo was loose. When I tied it and went back home, a red Swift car was parked there. Three men got out of the car and forcibly put me in the Swift car. When I tried to shout, they gagged me and dhaini and Gaugajaka KMP Road, where all three of them raped me one by one. My condition deteriorated nd 3 am and fled. While leaving, they threatened me saying that if I told would kill me. Sir, I started feeling mentally and physically disturbed. I started bleeding, my health started deteriorating, so on 03.11.2024, I told the whole incident to my husband. Sir, the car swift was of Tauhid. strict legal action against the above culprits and please help me get justice. It will be a great Based upon the above mentioned application, it was found that 115 of BNS has been found to have been committed and the present During investigation, IO inspected the scene of crime, prepared ictim was also got medico legally examined on 6.11.2024. On the following day, i.e. on 7.11.2024, her statement u/s 183 BNSS/164 Cr.P.C. was got recorded her version that the Rohit @ Rohid Khan accompanied by his two ed her in the night, one GURBACHAN SINGH 2026.05.30 15:07 I attest to the accuracy and integrity of this document CRM-M- of them. All the three accused then threatened disclosed to any one interrogation confessed to his involvement in the commission of offence and demarcated the place of occurrence, where he and committed the offen accused ( with each other. At about 1.30 brought his brother 9286 to the house of victim. On seeing her alone, all the three got down from the car, caught hold of her and fo near Padhani and Gogjaka KMP was thrown outside her house at about 3 fled away. respects was filed against present petitioner, namely, who was charged sheeted for the offences punishable u/s 87, 115, 70(1), 351(2) of BNS. Co absconding till date. 3. application for grant of order dated 02.04.2026, dismissed the said application. Aggrieved of which, the present petition has been filed. young boy, aged 20 years, -21761-2026 -3 of them. All the three accused then threatened disclosed to any one. On 26.7.2025, present petitioner was arrested interrogation confessed to his involvement in the commission of offence and demarcated the place of occurrence, where he and committed the offence. He was also got medico legally examined. Investigations revealed that the present petitioner and two other accused (yet to be arrested), all are co-villagers and are on family terms with each other. At about 1.30 AM on 30.10.2024, co brought his brother-in-law’s red coloured Swift car bearing No. HR 9286 to the house of victim. On seeing her alone, all the three got down from the car, caught hold of her and forced her inside the car, later took her near Padhani and Gogjaka KMP Road, where they raped her forcibly. She thrown outside her house at about 3 fled away. On culmination of investigation, challan complete in all respects was filed against present petitioner, namely, who was charged sheeted for the offences punishable u/s 87, 115, 70(1), 351(2) of BNS. Co-accused Asif and Tauhid are yet to be arrested and are absconding till date. Petitioner, who was arrested on 26.7.2025, moved an application for grant of bail. Learned Additional Sessions Judge, Nuh, vide order dated 02.04.2026, dismissed the said application. Aggrieved of which, the present petition has been filed. Learned counsel for the petitioner contends that petitioner, a young boy, aged 20 years, with clean past antecedents, has been falsely 3- of them. All the three accused then threatened to kill her if facts were On 26.7.2025, present petitioner was arrested, who during interrogation confessed to his involvement in the commission of offence and demarcated the place of occurrence, where he and his other accomplice ce. He was also got medico legally examined. revealed that the present petitioner and two other villagers and are on family terms M on 30.10.2024, co-accused Tauhi law’s red coloured Swift car bearing No. HR-30AC 9286 to the house of victim. On seeing her alone, all the three got down ced her inside the car, later took her Road, where they raped her forcibly. She thrown outside her house at about 3 APM by all the accused, who later On culmination of investigation, challan complete in all respects was filed against present petitioner, namely, Rohit @ Rohid Khan who was charged sheeted for the offences punishable u/s 87, 115, 70(1), accused Asif and Tauhid are yet to be arrested and are Petitioner, who was arrested on 26.7.2025, moved an bail. Learned Additional Sessions Judge, Nuh, vide order dated 02.04.2026, dismissed the said application. Aggrieved of which, Learned counsel for the petitioner contends that petitioner, a with clean past antecedents, has been falsely were , who during interrogation confessed to his involvement in the commission of offence and other accomplice revealed that the present petitioner and two other villagers and are on family terms accused Tauhid 30AC- 9286 to the house of victim. On seeing her alone, all the three got down ced her inside the car, later took her Road, where they raped her forcibly. She PM by all the accused, who later On culmination of investigation, challan complete in all han, who was charged sheeted for the offences punishable u/s 87, 115, 70(1), accused Asif and Tauhid are yet to be arrested and are Petitioner, who was arrested on 26.7.2025, moved an bail. Learned Additional Sessions Judge, Nuh, vide order dated 02.04.2026, dismissed the said application. Aggrieved of which, Learned counsel for the petitioner contends that petitioner, a with clean past antecedents, has been falsely GURBACHAN SINGH 2026.05.30 15:07 I attest to the accuracy and integrity of this document CRM-M- implicated in the present case. Unexplained delay in lodging the FIR suggests that sequence of events did not unfold in the manner as portrayed by the prosecutrix/victim Elaborating further, learned counsel contends that in fact the complainant party were nursing a grudge against petitioner on two counts; marriage proposal of younger sister of victim for petitioner had been declined by his family. The refusa victim. Secondly Though, allegedly compromise was arrived at between the two of them vide which it has been agreed that petitioner would repay the borrowed a but he did not abide by his promise. husband and the other family members that the false story of rape was concocted by victim. of FIR when appreciated in the light of connecting circumstances brought on record, the story does not sound plausible, for as per victim, at about 1.30 AM, on hearing the sound of buffaloes braying, she rushed upto them and noticed that they had been s was bundled into a red coloured Swift car parked near her house. further clarified the facts while appearing in the witness box as PW, and admitted that her house is surrounded by several other houses and that on their relatives, namely, Mamman, whose house is adjoining hers, remains unwell and sleeps outside from a thickly populated residential accomplice and even her cries of help went unnoticed -21761-2026 -4 implicated in the present case. Unexplained delay in lodging the FIR suggests that sequence of events did not unfold in the manner as portrayed by the prosecutrix/victim, a married Elaborating further, learned counsel contends that in fact the complainant party were nursing a grudge against petitioner on two counts; marriage proposal of younger sister of victim for petitioner had been declined by his family. The refusal was not taken in the right spirit by the Secondly, petitioner had borrowed money from victim’s husband. Though, allegedly compromise was arrived at between the two of them vide which it has been agreed that petitioner would repay the borrowed a but he did not abide by his promise. Thus, i husband and the other family members that the false story of rape was concocted by victim. It is further the submission of learned counsel that the contents when appreciated in the light of connecting circumstances brought on record, the story does not sound plausible, for as per victim, at about 1.30 AM, on hearing the sound of buffaloes braying, she rushed upto them and noticed that they had been set free. After tying them, on her way back, she was bundled into a red coloured Swift car parked near her house. further clarified the facts while appearing in the witness box as PW, and admitted that her house is surrounded by several other houses and that on their relatives, namely, Mamman, whose house is adjoining hers, remains unwell and sleeps outside. Thus, it sounds strange to common sense that thickly populated residential accomplice were able to catch hold of prosecutrix/ victim, bundle her in car even her cries of help went unnoticed 4- implicated in the present case. Unexplained delay in lodging the FIR suggests that sequence of events did not unfold in the manner as portrayed married woman aged about 24 years Elaborating further, learned counsel contends that in fact the complainant party were nursing a grudge against petitioner on two counts; firstly, marriage proposal of younger sister of victim for petitioner had been l was not taken in the right spirit by the , petitioner had borrowed money from victim’s husband. Though, allegedly compromise was arrived at between the two of them vide which it has been agreed that petitioner would repay the borrowed amount Thus, it was at the instance of victim’s husband and the other family members that the false story of rape was It is further the submission of learned counsel that the contents when appreciated in the light of connecting circumstances brought on record, the story does not sound plausible, for as per victim, at about 1.30 AM, on hearing the sound of buffaloes braying, she rushed upto them and After tying them, on her way back, she was bundled into a red coloured Swift car parked near her house. She further clarified the facts while appearing in the witness box as PW, and admitted that her house is surrounded by several other houses and that one of their relatives, namely, Mamman, whose house is adjoining hers, remains sounds strange to common sense that thickly populated residential locality, petitioner and his two prosecutrix/ victim, bundle her in car even her cries of help went unnoticed. implicated in the present case. Unexplained delay in lodging the FIR suggests that sequence of events did not unfold in the manner as portrayed aged about 24 years. Elaborating further, learned counsel contends that in fact the complainant , the marriage proposal of younger sister of victim for petitioner had been l was not taken in the right spirit by the , petitioner had borrowed money from victim’s husband. Though, allegedly compromise was arrived at between the two of them vide mount t was at the instance of victim’s husband and the other family members that the false story of rape was It is further the submission of learned counsel that the contents when appreciated in the light of connecting circumstances brought on record, the story does not sound plausible, for as per victim, at about 1.30 AM, on hearing the sound of buffaloes braying, she rushed upto them and After tying them, on her way back, she She further clarified the facts while appearing in the witness box as PW, and e of their relatives, namely, Mamman, whose house is adjoining hers, remains sounds strange to common sense that locality, petitioner and his two prosecutrix/ victim, bundle her in car GURBACHAN SINGH 2026.05.30 15:07 I attest to the accuracy and integrity of this document CRM-M- star witness of the prosecution story having been already examined and the likelihood of completion of tria witnesses, would not serve any useful purpose fundamental rights guaranteed under Article 21 of Prayer for allowing the petition has been made. 4. State counsel contends that specific allegations levelled by the witness box as PW3 has specifically deposed that her person was violated by petitioner and two other accused ( arrested), presumption u/s 114A of Evidence Act, comes into play and shall be presumed that she did not g this stage, entire case of prosecution with suspicion. delay, if at all any, is a after evidence is led by both the are still absconding, learned State counsel contends that no case for grant of bail is made out. D 5. documents on record. 6. two other accused statement given to the police, her statement u/s 183 BNS/164 Cr.P.C. and her statement recorded on ‘Oath’ in the Court, are still at large as also taking -21761-2026 -5 Towards the end, learned counsel contends that in the light of star witness of the prosecution story having been already examined and the likelihood of completion of trial in the near future being remote, as out of 10 witnesses, 7 still remain to be examined, further incarceration of petitioner would not serve any useful purpose as the fundamental rights guaranteed under Article 21 of Prayer for allowing the petition has been made. Per contra, while opposing the request for grant of bail, learned State counsel contends that in the light of seriousness and gravity of offence, specific allegations levelled by prosecutrix/victim, who while appearing in the witness box as PW3 has specifically deposed that her person was violated by petitioner and two other accused ( ), presumption u/s 114A of Evidence Act, comes into play and shall be presumed that she did not give her consent to the “act” this stage, delay in lodging the FIR, cannot be a ground in itself to view the entire case of prosecution with suspicion. delay, if at all any, is a matter to be adjudicated upon by learned trial Court evidence is led by both the parties. Considering that two other accused are still absconding, learned State counsel contends that no case for grant of bail is made out. Dismissal of the petition Heard learned counsel for the parties and have perused the documents on record. In view of the seriousness and gravity of offence two other accused, specifically named by the prosecutrix/victim in her initial statement given to the police, her statement u/s 183 BNS/164 Cr.P.C. and her statement recorded on ‘Oath’ in the Court, are still at large as also taking 5- Towards the end, learned counsel contends that in the light of star witness of the prosecution story having been already examined and the l in the near future being remote, as out of 10 still remain to be examined, further incarceration of petitioner as the same would be violative of his fundamental rights guaranteed under Article 21 of the Constitution of India. Prayer for allowing the petition has been made. while opposing the request for grant of bail, learned in the light of seriousness and gravity of offence, prosecutrix/victim, who while appearing in the witness box as PW3 has specifically deposed that her person was violated by petitioner and two other accused (both of whom are yet to be ), presumption u/s 114A of Evidence Act, comes into play and ve her consent to the “act”. Further, delay in lodging the FIR, cannot be a ground in itself to view the entire case of prosecution with suspicion. What would be the effect of matter to be adjudicated upon by learned trial Court . Considering that two other accused are still absconding, learned State counsel contends that no case for grant of ismissal of the petition has been prayed for. Heard learned counsel for the parties and have perused the In view of the seriousness and gravity of offence, the fact that specifically named by the prosecutrix/victim in her initial statement given to the police, her statement u/s 183 BNS/164 Cr.P.C. and her statement recorded on ‘Oath’ in the Court, are still at large as also taking Towards the end, learned counsel contends that in the light of star witness of the prosecution story having been already examined and the l in the near future being remote, as out of 10 still remain to be examined, further incarceration of petitioner same would be violative of his stitution of India. while opposing the request for grant of bail, learned in the light of seriousness and gravity of offence, prosecutrix/victim, who while appearing in the witness box as PW3 has specifically deposed that her person was both of whom are yet to be ), presumption u/s 114A of Evidence Act, comes into play and it . Further, at delay in lodging the FIR, cannot be a ground in itself to view the What would be the effect of matter to be adjudicated upon by learned trial Court . Considering that two other accused are still absconding, learned State counsel contends that no case for grant of Heard learned counsel for the parties and have perused the the fact that specifically named by the prosecutrix/victim in her initial statement given to the police, her statement u/s 183 BNS/164 Cr.P.C. and her statement recorded on ‘Oath’ in the Court, are still at large as also taking GURBACHAN SINGH 2026.05.30 15:07 I attest to the accuracy and integrity of this document CRM-M- note of the fact that case for grant of bail is m 7. 25.05.2026 gbs -21761-2026 -6 note of the fact that quantum of punishment that case for grant of bail is made out. The petition being devoid of a 25.05.2026 Whether Speaking/reasoned Whether Reportable 6- quantum of punishment that conviction may entail, no The petition being devoid of any merit is hereby dismissed. (AARADHNA SAWHNEY) JUDGE : Yes/No : Yes/No may entail, no (AARADHNA SAWHNEY) GURBACHAN SINGH 2026.05.30 15:07 I attest to the accuracy and integrity of this document