IN THE HIGH COURT OF PUNJAB & HARYANA AT Aamir alias Aamir Khan State of Haryana and another CORAM: HON’BLE MRS. JUSTICE RAMESH KUMARI. Present : RAMESH KUMARI, J. 1 BNSS (erstwhile Section 439 of the Cr.P.C) by the petitioner for grant of regular bail as the petitioner has been implicated arising out of First Information Report as detailed hereinunder: FIR No. Dated 05 30.01.2026 2. basis of the alleging that daughter Sxxx at bus stop then her daughter disclosed that o CRM M No. 37606 of 2026 (O&M) IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM M No. 37606 of 2026 Date of Decision: Aamir alias Aamir Khan versus State of Haryana and another CORAM: HON’BLE MRS. JUSTICE RAMESH KUMARI. Mr. Samay Sandhawalia, Advocate, for the petitioner. Mr. Brijesh Sharma, Assistant Advocate General, Haryana, for respondent No.1. Mr. Saleem Ahmad, Advocate, for complainant-respondent No.2. **** RAMESH KUMARI, J. The present petition has been filed under Section 483 of BNSS (erstwhile Section 439 of the Cr.P.C) by the petitioner for grant of regular bail as the petitioner has been implicated arising out of First Information Report as detailed hereinunder: Dated Sections 30.01.2026 506 IPC (351 BNS) and 10 of POCSO Act. The above noted criminal case had been registered on the basis of the written complaint submitted by the mother of the victim alleging that on 07.03.2024 in the morning, when she went to drop her daughter Sxxx at bus stop then her daughter disclosed that o CRM M No. 37606 of 2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM M No. 37606 of 2026 (O&M) Date of Decision: 27.08.2026 …..Petitioner …..Respondents CORAM: HON’BLE MRS. JUSTICE RAMESH KUMARI. Mr. Samay Sandhawalia, Advocate, for the petitioner. Mr. Brijesh Sharma, Assistant Advocate General, Haryana, Mr. Saleem Ahmad, Advocate, respondent No.2. present petition has been filed under Section 483 of BNSS (erstwhile Section 439 of the Cr.P.C) by the petitioner for grant of regular bail as the petitioner has been implicated in criminal case arising out of First Information Report as detailed hereinunder:- Police Station 506 IPC (351 BNS) and Nuh The above noted criminal case had been registered on the complaint submitted by the mother of the victim in the morning, when she went to drop her daughter Sxxx at bus stop then her daughter disclosed that on RAVINDER KUMAR 2026.08.27 19:58 I attest to the accuracy and integrity of this document CRM M No. 37606 of 2026 (O&M) 2 05.03.2024, in the night she was sleeping with her Fufi (aunt). After sometime, she came in her room and slept there. At that time her father i.e. petitioner was using his mobile phone. When she got awake, she found that her father was massaging her head. After sometime, her father started touching her body and put his hand on her mouth and removed her pant and undergarments. Due to which she got scared. She further stated that her father licked his finger and started rubbing her private part. Due to fear, she started crying and her father pressed her mouth and started rubbing his private part on her thighs and then on her private part. After sometime, her father passed urine on the bed. The victim changed her undergarments and her father told her not to disclose anything to anyone. On being asked, accused said that victim is telling lie. The mother of the victim disclosed said incident to her father in law and mother in law. Thereafter, her brother in law slapped the accused. She further stated that her husband and parents in law asked her not to disclose anything to anyone and they also snatched her mobile. The Complainant sought strict action against the accused. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case because he has matrimonial dispute with his wife who is complainant and he never committed any offence and the allegations levelled against the petitioner are subject matter of trial. The complainant got the criminal case registered against the petitioner only when the petitioner had solemnized her second marriage. He further submits that delay in registration of FIR is to be looked into with correlated fact of second marriage of the petitioner. The petitioner is in custody in this case since RAVINDER KUMAR 2026.08.27 19:58 I attest to the accuracy and integrity of this document CRM M No. 37606 of 2026 (O&M) 3 30.01.2026. Learned counsel vehemently prayed for release of the accused on regular bail. 4. Per contra, learned State counsel assisted by learned counsel for the complainant submit that the victim and her mother have categorically deposed before the learned trial Court with regard to outraging the modesty of the victim who was 7 years old and the victim got recorded her statement under Section 183 BNSS and her statement recorded before the trial Court as Annexure P-4 has given description of the act committed by the petitioner and for this reason considering the relationship of the petitioner with the victim, the petitioner is not entitled for the concession of regular bail. 5. With the able assistance of learned counsel for the parties, this Court has gone through the relevant record of the case as well as the contentions raised by them. 6. It has come on record that on the fateful night the victim was sleeping with her Fufi (sister-in-law of the petitioner). The statement of the complainant and her daughter had since been recorded by the learned trial Court and this Court is not going to discuss any facts of this case. Only the official witnesses remain to be examined by the prosecution. The allegations levelled the petitioner, who is father of the victim, are subject matter of trial. 7. The custody certificate filed by the State of Haryana reveals that the petitioner-accused is in custody since 30.01.2026 and the statements of the victim and her mother have already been recorded and there is no question of his influencing the course of trial. The RAVINDER KUMAR 2026.08.27 19:58 I attest to the accuracy and integrity of this document CRM M No. 37606 of 2026 (O&M) 4 completion of trial will take time and no useful purpose would be served by keeping the petitioner-accused in further custody. 8. In view of the above facts and circumstances, without commenting upon the merits of the case, it is a fit case where the petitioner is entitled for the concession of regular bail. Accordingly, the petitioner is granted the concession of bail subject to his furnishing bail/surety bonds to the satisfaction of the learned Duty Magistrate/trial Court concerned. The petitioner shall abide by the following conditions:- “(i) The petitioner shall not leave the country without prior permission of the trial Court and shall deposit his passports in the trial Court. (ii) The petitioner will not tamper with the evidence during the trial. (iii) The petitioner will not pressurize/ intimidate the prosecution witnesses. (iv) The petitioner will appear before the trial Court on each and every date fixed, unless exempted by a specific order of Court. (v) The petitioner shall not commit an offence similar to the offence of which, he is accused, or for commission of which he is suspected of. (vi) The petitioner shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence in any manner. (vii) The petitioner shall not in any manner misuse his liberty. (viii) The petitioner shall furnish his address and mobile numbers to the Trial Court forthwith and shall not change the same till the conclusion of the trial and in case for any reason, the petitioner seeks to change any of the aforesaid, the same shall be done only with prior intimation to the learned Trial RAVINDER KUMAR 2026.08.27 19:58 I attest to the accuracy and integrity of this document CRM M No. 37606 of 2026 (O&M) 5 Court, stating the reason for the same. (ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the petitioner. 9. Accordingly, the present petition is allowed and it is made clear that in case there is any breach of the aforesaid conditions, the State shall be at liberty to seek cancellation of bail as granted to the petitioner by this order. 10. In view of the above, it is clarified that the observations made herein are limited for the purpose of present proceedings and would not be construed as an opinion on the merits of the case and the trial would proceed independently of the aforesaid observations. (RAMESH KUMARI) 27.08.2026 JUDGE ravinder Whether speaking/reasoned √Yes/No Whether reportable √Yes/No RAVINDER KUMAR 2026.08.27 19:58 I attest to the accuracy and integrity of this document