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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (208) CRM-M-17378-2026 Date of Decision: 29.04.2026 AJMER ALIAS CHANDU ......Petitioner Versus STATE OF HARYANA AND OTHERS .....Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Yashveer Kharb, Advocate for the petitioner. Mr. Anmol Malik, DAG, Haryana. **** KIRTI SINGH
, J. (ORAL)
1. The jurisdiction of this Court under Section 483 of BNSS (corresponding to Section 439 of Cr.P.C.) has been invoked for grant of regular bail to the petitioner in case FIR No.339 dated 30.11.2024 under Sections 351(2) and 74 of BNS (corresponding to Sections 506 and 354 of IPC) and Section 8 of POCSO Act, registered at Police Station Matlauda, District Panipat.
2. The translated version of the FIR is reproduced below:-
“To SHO. Sir, Police Station Matlauda, Sir, I humbly request that I, Dharambir S/o Shrichand, resident of village Ahar, I work as a driver, I have four children, two boys and two girls. My daughter xxxx is 12 years old, who had gone to the shop to buy a fast card on 25-11-2024 at around 7:30 pm. On the way, Ajmer Khan alias Chandu S/o Jameel Khan R/o Hathwala Police Station Samalkha District Panipat was standing outside at the gate and pulled my daughter xxxx inside by holding her hand and started molesting her and threatened to kill her if she told anyone. Uday S/o Ramesh R/o Ahar also came to the spot and Uday called my brother Sumer and told him that the girl has been dragged inside. When the girl's aunt xxxx wife of Shyamlal went inside the house, the girl was found inside the house. Then we called 112, which arrived at the spot. I was at Mohali in my car and I returned back to my home on 29-11-2024 after dropping all the passengers and then I inquired from my daughter xxxx, then today on 30-11-2024, after consulting with my family, I have given a request that legal action should be taken RITIKA 2026.04.30 11:51 I attest to the accuracy and integrity of this document Chandigarh
against the accused. Applicant Sd/ Dharambir, Dharambir s/o Shrichand R/o Ahar Police Station Matlauda Mo. 829550xxxx Dated 30-11-24.”
3.
Learned counsel for the petitioner submits that the petitioner, aged 19 years, has been falsely implicated in the present FIR on the basis of the statement made by the father of the prosecutrix, levelling allegations of misconduct against the petitioner. It is submitted that the petitioner and the prosecutrix were on friendly terms, to which her family objected. It is therefore that the instant FIR was got lodged against the petitioner by leveling sweeping and generic allegations, that too after a delay of five days from the alleged occurrence. Learned counsel contends that there is no cogent evidence on record to establish the alleged offences against the petitioner, who has already undergone custody of 01 year 04 months and 26 days. There is no other case registered against him.
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. Learned State counsel 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 01 year 04 months and 26 days. The learned State counsel, on instructions from the investigating officer concerned, submits that in the present case, charges were framed on 24.02.2025 and out of total 14 prosecution witnesses, only 05 have been examined till date. Learned State counsel 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
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JUDGE April 29, 2026 Ritika Whether speaking/reasoned : Yes/No Whether reportable : Yes/No RITIKA 2026.04.30 11:51 I attest to the accuracy and integrity of this document Chandigarh