CRM-M-28227-2026 (O&M) -1- 231 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-28227-2026 (O&M) Date of decision: 26.08.2026 HIMANSHU ...PETITIONER VERSUS STATE OF HARYANA AND ANR. ...RESPONDENTS CORAM: HON’BLE MRS. JUSTICE RAMESH KUMARI Present: Mr. Arman Goyal, Advocate for the petitioner. Mr. Brijesh Sharma, AAG, Haryana. Mr. Himanshu Malik, Advocate for the complainant/respondent No.2. **** RAMESH KUMARI, J. (ORAL) 1. 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 in criminal case arising out of First Information Report as detailed hereinunder:- FIR No. Dated Sections Police Station 0251 11.08.2025 351(3), 61, 64(1) of BNS, 2023 (Sections 506, 120-B and 376 IPC) Urban Estate, District Rohtak (Haryana) 2. The above-numbered criminal case has been registered against the petitioner by the victim/complainant alleging that she is B.A. Final Year Student in I.C. College, XXX. She do have one friend SXXX, who studied in her college, has asked her to attend the youth festival at Neki Ram College on 4.7.2025. Then, she had accompanied her at the college and SXXX has further introduced her to one Himanshu (accused/petitioner) and asked her RENU BALA 2026.08.29 15:57 I attest to the accuracy and integrity of this document CRM-M-28227-2026 (O&M) -2- that day is his birthday which is celebrated at Suncity BPL Flat, Rohtak. Thereafter, SXXX made her sit on the bike of Himanshu while she sat with someone else and gone there. In the said flat, she has been given food and cold drink to eat. After sometime, SXXX told her that she have some urgent work and thereafter, she left her alone among those boys and gone away. Thereafter, the applicant- accused Himanshu had forcibly committed rape upon her and had made her obscene video. Thereafter, he had threatened her not to disclose about the same otherwise he will made the same viral and got her family killed. Thereafter, dropped her on the bike nearby the college and had fled away. Thereafter, due to his blackmailing, she has again been subjected to rape and due to his threats blackmailing her, she could not disclose anything to anyone. However, on 10.8.2025, when her father was using her mobile phone for some work, he found that obscene video and he asked her about the video which had been sent to her mobile No. 81683XXXXX from mobile No.94994XXXXX. Thereafter, she disclosed the incident to her father, which led to the registration of the FIR. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and that he has not committed any offence. The victim was in a consensual relationship with him. False allegations have been made against the petitioner. There is no WhatsApp chat or call details extending any threat regarding blackmailing. The father of the victim is in Haryana Police and, for this reason, a false criminal case has been got lodged against the petitioner. He further submits that the learned trial Court has not considered the facts in their rightful perspective and has erroneously dismissed the application for regular bail filed by the petitioner vide impugned order dated 15.04.2026. He further submits that RENU BALA 2026.08.29 15:57 I attest to the accuracy and integrity of this document CRM-M-28227-2026 (O&M) -3- the statements of the victim, her father and mother have since been recorded by the learned trial Court. Thus, in view of the facts and circumstances of the case, the petitioner deserves to be released on regular bail. 4. Per contra, learned State counsel, on instructions from L/ASI Jyoti, 669/RTK, submits that the petitioner committed rape upon the victim after administering her an intoxicating substance. He also made a video of the incident and repeatedly threatened her on the pretext of making the obscene video public. He repeatedly raped her. When the victim stopped contacting him, the petitioner sent the obscene video to her mobile phone, which was also seen by her father. In the said video, the petitioner was threatening the victim. He further submits that the petitioner is in custody since 09.10.2025. The mobile phone of the victim has been sent to DITAC Lab, Panchkula, wherein the petitioner sent the obscene video to the victim. The result of DITAC Lab, Panchkula, is yet to be awaited. 5. With the able assistance of learned counsel for the petitioner and learned State counsel, I have gone through the record. 6. The victim, in her testimony before the Court during trial, made specific allegations about being repeatedly raped by the petitioner by blackmailing her that, in case she revealed anything to anybody, he would kill her and her family. It is not a simple case of a sexual relationship between a young boy and a young victim, but of her repeated physical abuse under threat after preparing her obscene video. The victim, her father and mother have supported the case of the prosecution and that, out of the 15 cited prosecution witnesses, only 03 have been examined. 7. In view of the seriousness of the allegations against him, it is not a fit case for grant of regular bail to the petitioner. RENU BALA 2026.08.29 15:57 I attest to the accuracy and integrity of this document CRM-M-28227-2026 (O&M) -4- 8. Dismissed accordingly. 9. Any observation made hereinabove, while deciding the present bail application, shall have no bearing on the merits of the case. 26.08.2026 (RAMESH KUMARI) renubala JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No RENU BALA 2026.08.29 15:57 I attest to the accuracy and integrity of this document