IN THE HIGH COURT OF PUNJAB AND HARYANA 203 KRISHAN THAKUR STATE OF HARYANA CORAM: Present : RAMESH KUMARI RAMESH KUMARI RAMESH KUMARI RAMESH KUMARI 1. The present appeal 25.05.2026 whereby, his application for grant of regular dismissed by learned Additional Sessions Judge, Special Court, Faridabad in a criminal case arising hereinunder: FIR No. 342 2. The above noted criminal case had been registered on the basis of application moved by the complainant/victim alleging that with Krishan Thakur through Instagram and started talking with each other After some days, Krishan Thakur took her mother's mobile number from her and they started talking with each other on phone. In the month of November 2023, he invited her to meet him Market and she went there to meet him. After reaching there, he told that her friends's hotel was nearby and they should go there. On believing his IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA Date of decision: KRISHAN THAKUR Versus STATE OF HARYANA AND ANOTHER CORAM: HON’BLE MRS. JUSTICE Mr. Sheb Khan, Advocate for the appellant. Mr. Vijay Kumar, A.A.G., Haryana. **** RAMESH KUMARI RAMESH KUMARI RAMESH KUMARI RAMESH KUMARI, J. (oral) present appeal has been filed against the impugned order dated 25.05.2026 whereby, his application for grant of regular dismissed by learned Additional Sessions Judge, Special Court, Faridabad in a criminal case arising out of First Information Report hereinunder:- FIR No. Dated Sections 19.11.2024 506 of IPC and 6 of POCSO, SC/ST Act. The above noted criminal case had been registered on the basis of application moved by the complainant/victim alleging that with Krishan Thakur through Instagram and started talking with each other After some days, Krishan Thakur took her mother's mobile number from her and they started talking with each other on phone. In the month of November 2023, he invited her to meet him Market and she went there to meet him. After reaching there, he told that her friends's hotel was nearby and they should go there. On believing his IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-S-2206 of 2026 (O&M) Date of decision: 11.09.2026 …. Appellant AND ANOTHER …. Respondents JUSTICE RAMESH KUMARI RAMESH KUMARI RAMESH KUMARI RAMESH KUMARI , Advocate for the appellant. Mr. Vijay Kumar, A.A.G., Haryana. against the impugned order dated 25.05.2026 whereby, his application for grant of regular bail had been dismissed by learned Additional Sessions Judge, Special Court, Faridabad First Information Report as detailed Police Station 506 of IPC and 6 of 3(2)(V) of SC/ST Act. Old Faridabad The above noted criminal case had been registered on the basis of application moved by the complainant/victim alleging that she befriended with Krishan Thakur through Instagram and started talking with each other After some days, Krishan Thakur took her mother's mobile number from her and they started talking with each other on phone. In the month of November 2023, he invited her to meet him at Shri Shyam Baba Market and she went there to meet him. After reaching there, he told that her friends's hotel was nearby and they should go there. On believing his against the impugned order dated bail had been as detailed The above noted criminal case had been registered on the basis of ed with Krishan Thakur through Instagram and started talking with each other After some days, Krishan Thakur took her mother's mobile number from her and they started talking with each other on phone. In the month at Shri Shyam Baba Market and she went there to meet him. After reaching there, he told that her friends's hotel was nearby and they should go there. On believing his JYOTI 2026.09.11 16.53 I attest to the accuracy and integrity of this document words, she went to hotel, where he mixed something in her cold drink and forcibly establ obscene photos/videos and said that if she disclosed would make family members. Due to threat and insult, she did not disclo alleged incident to anyone. In the month of December 2023, he again called her in the same hotel by giving threat to viral her obscene photos/video and committed rape with her. Krishan Thakur and other persons were making calls and messages fo relations/physical exploitation and due to which, she disclosed all incident to her parents 3. After registration of th depicting the place of occurrence was prepared. The victim was g medico-legally examined. Her statement under Section 183 BNSS was also got recorded appellant was also medico Realme was got recovered from the appellant. On 04.12.20 certificate of the victim was got verified and thereafter, Section 3(2)(V) of SC/ST Act was added. The mobile phone which was got recovered from the appellant deposited in DITAC Gurugram. The date of birth certificate of the victim was also obta Statement of witnesses were recorded. After completion of investigation, challan was presented against the appellant 4. Learned counsel for the appellant submitted that the present appellant is in custody sin CRA-S-2206 of 2026 (O&M) words, she went to hotel, where he mixed something in her cold drink and forcibly established physical relations with her and also clicked her obscene photos/videos and said that if she disclosed would make viral the photos/videos and also given threat to kill her family members. Due to threat and insult, she did not disclo alleged incident to anyone. In the month of December 2023, he again called her in the same hotel by giving threat to viral her obscene photos/video and committed rape with her. Krishan Thakur and other persons were making calls and messages fo relations/physical exploitation and due to which, she disclosed all incident to her parents. After registration of this case, investigation was condu depicting the place of occurrence was prepared. The victim was g legally examined. Her statement under Section 183 BNSS was also got recorded. The appellant was arrested on 20.11.2024. The appellant was also medico-legally examined. One mobile phone m Realme was got recovered from the appellant. On 04.12.20 certificate of the victim was got verified and thereafter, Section 3(2)(V) of SC/ST Act was added. The mobile phone which was got recovered from the appellant deposited in DITAC Gurugram. The date of birth certificate of the victim was also obtained from the school where she studied. Statement of witnesses were recorded. After completion of investigation, challan was presented against the appellant Learned counsel for the appellant submitted that the present appellant is in custody since 20.11.2024, since the day of his arrest. The statement of (O&M) -2- words, she went to hotel, where he mixed something in her cold drink and ished physical relations with her and also clicked her obscene photos/videos and said that if she disclosed this to anyone, he viral the photos/videos and also given threat to kill her family members. Due to threat and insult, she did not disclose about the alleged incident to anyone. In the month of December 2023, he again called her in the same hotel by giving threat to viral her obscene photos/video and committed rape with her. Krishan Thakur and other persons were making calls and messages for establishing physical relations/physical exploitation and due to which, she disclosed all incident is case, investigation was conducted. Site plan depicting the place of occurrence was prepared. The victim was got legally examined. Her statement under Section 183 BNSS was . The appellant was arrested on 20.11.2024. The legally examined. One mobile phone make Realme was got recovered from the appellant. On 04.12.2024, caste certificate of the victim was got verified and thereafter, Section 3(2)(V) of SC/ST Act was added. The mobile phone which was got recovered from the appellant deposited in DITAC Gurugram. The date of birth certificate ined from the school where she studied. Statement of witnesses were recorded. After completion of investigation, challan was presented against the appellant. Learned counsel for the appellant submitted that the present appellant is 1.2024, since the day of his arrest. The statement of words, she went to hotel, where he mixed something in her cold drink and ished physical relations with her and also clicked her to anyone, he viral the photos/videos and also given threat to kill her se about the alleged incident to anyone. In the month of December 2023, he again called her in the same hotel by giving threat to viral her obscene photos/video and committed rape with her. Krishan Thakur and other r establishing physical relations/physical exploitation and due to which, she disclosed all incident cted. Site plan ot legally examined. Her statement under Section 183 BNSS was . The appellant was arrested on 20.11.2024. The ake 24, caste certificate of the victim was got verified and thereafter, Section 3(2)(V) of SC/ST Act was added. The mobile phone which was got recovered from the appellant deposited in DITAC Gurugram. The date of birth certificate ined from the school where she studied. Statement of witnesses were recorded. After completion of investigation, Learned counsel for the appellant submitted that the present appellant is 1.2024, since the day of his arrest. The statement of JYOTI 2026.09.11 16.53 I attest to the accuracy and integrity of this document the victim had already been recorded. Learned trial Court erroneously dismissed the bail of the appellant for grant of regular bail submits that the appellant is also involved in three other ca bail on those cases. 5. Learned State counsel while relying upon the previous status report dated 05.08.2026 and the compliance report dated 08.09.2026 filed in Court today, has submitted that the victim in her statement under Section 183 BNSS as well as her statement recorded before the learned trial Court had specifically corroborated the allegations against the appellant. It is also submitted that the present appellant has committed the penetrative sexual assault with the victim and clic threatened her he would make those photographs and videos viral. Therefore, he is not entitled for grant of regular bail. 6. As per the compliance report dated 08.09.2026, the present appellant is involved in three CRA-S-2206 of 2026 (O&M) the victim had already been recorded. Learned trial Court erroneously dismissed the bail of the appellant for grant of regular bail submits that the appellant is also involved in three other ca bail on those cases. Learned State counsel while relying upon the previous status report dated 05.08.2026 and the compliance report dated 08.09.2026 filed in Court today, has submitted that the victim in her statement under Section 183 BNSS as well as her statement recorded before the learned trial Court had specifically corroborated the allegations against the appellant. It is also submitted that the present appellant has committed the penetrative sexual assault with the victim and click her obscene photographs and videos and threatened her he would make those photographs and videos viral. Therefore, he is not entitled for grant of regular bail. As per the compliance report dated 08.09.2026, the present appellant is involved in three other cases, detail of which is as under: 1. FIR No.157 dated 17.04.2024 registered under Sections 61-4-20 of H.A. Act, Police Station Old Faridabad. 2. FIR No.163 dated 25.04.2024 registered under Sections 61-4-20 of H.A. Act, Police Station Old Faridabad. 3. FIR No.242 dated 06.07.2024 registered under Sections 25-54-59 of Arms Act, Police Station Old Faridabad. (O&M) -3- the victim had already been recorded. Learned trial Court erroneously dismissed the bail of the appellant for grant of regular bail. He also submits that the appellant is also involved in three other cases but he is on Learned State counsel while relying upon the previous status report dated 05.08.2026 and the compliance report dated 08.09.2026 filed in Court today, has submitted that the victim in her statement under Section 183 BNSS as well as her statement recorded before the learned trial Court had specifically corroborated the allegations against the appellant. It is also submitted that the present appellant has committed the penetrative sexual k her obscene photographs and videos and threatened her he would make those photographs and videos viral. Therefore, he is not entitled for grant of regular bail. As per the compliance report dated 08.09.2026, the present appellant is other cases, detail of which is as under:- FIR No.157 dated 17.04.2024 registered under 20 of H.A. Act, Police Station Old FIR No.163 dated 25.04.2024 registered under 20 of H.A. Act, Police Station Old FIR No.242 dated 06.07.2024 registered under 59 of Arms Act, Police Station Old the victim had already been recorded. Learned trial Court erroneously . He also ses but he is on Learned State counsel while relying upon the previous status report dated 05.08.2026 and the compliance report dated 08.09.2026 filed in Court today, has submitted that the victim in her statement under Section 183 BNSS as well as her statement recorded before the learned trial Court had specifically corroborated the allegations against the appellant. It is also submitted that the present appellant has committed the penetrative sexual k her obscene photographs and videos and threatened her he would make those photographs and videos viral. As per the compliance report dated 08.09.2026, the present appellant is FIR No.157 dated 17.04.2024 registered under 20 of H.A. Act, Police Station Old FIR No.163 dated 25.04.2024 registered under 20 of H.A. Act, Police Station Old FIR No.242 dated 06.07.2024 registered under 59 of Arms Act, Police Station Old JYOTI 2026.09.11 16.53 I attest to the accuracy and integrity of this document 7. The appellant is on bail in those case and the cases are at the stage of prosecution evidence. In the present case, mobile of the appellant had already been handed over to the Police and the report from DITAC, Gurugram is still awaited. The statement of th recorded. The remaining prosecution witnesses to be examined against the appellant who are official witnesses and there is no chance of their being influenced by the present appellant. The completion of trial against him is likely to take time. case, this Court is of the view that the of interim pre 8. Accordingly, the instant be released on regular bail on furnishing bail/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate, subject to the following conditions: CRA-S-2206 of 2026 (O&M) The appellant is on bail in those case and the cases are at the stage of prosecution evidence. In the present case, mobile of the appellant had already been handed over to the Police and the report from DITAC, Gurugram is still awaited. The statement of th recorded. The remaining prosecution witnesses to be examined against the appellant who are official witnesses and there is no chance of their being influenced by the present appellant. The completion of trial against him is to take time. Therefore, without comme this Court is of the view that the appellant of interim pre-arrest bail. Accordingly, the instant appeal is allowed, and the be released on regular bail on furnishing bail/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate, subject to the following conditions:- (i) The appellant shall not leave the country without prior permission of the trial Court and shall deposit the passport in the trial Court. (ii) The appellant will not tamper with the evidence during the trial. (iii) The appellant will not pressurize/ intimidate the prosecution witnesses. (iv) The appellant will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court. (v) The appellant shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of. (vi) The appellant shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted (O&M) -4- The appellant is on bail in those case and the cases are at the stage of prosecution evidence. In the present case, mobile of the appellant had already been handed over to the Police and the report from DITAC, Gurugram is still awaited. The statement of the victim had already been recorded. The remaining prosecution witnesses to be examined against the appellant who are official witnesses and there is no chance of their being influenced by the present appellant. The completion of trial against him is ithout commenting on the merits of the appellant deserves the concession is allowed, and the appellant is ordered to be released on regular bail on furnishing bail/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate, subject to the shall not leave the country without prior l Court and shall deposit the passport in the trial Court. tamper with the evidence during will not pressurize/ intimidate the will appear before the trial Court on each and every date fixed, unless is exempted by a specific order of Court. shall not commit an offence similar to the offence of which, he is an accused, or for commission of which he is suspected of. shall not directly or indirectly coerce, induce, threaten or promise to any person acquainted The appellant is on bail in those case and the cases are at the stage of prosecution evidence. In the present case, mobile of the appellant had already been handed over to the Police and the report from DITAC, e victim had already been recorded. The remaining prosecution witnesses to be examined against the appellant who are official witnesses and there is no chance of their being influenced by the present appellant. The completion of trial against him is nting on the merits of the deserves the concession is ordered to be released on regular bail on furnishing bail/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate, subject to the shall not leave the country without prior tamper with the evidence during JYOTI 2026.09.11 16.53 I attest to the accuracy and integrity of this document 9 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 appellant 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 observ 11. Pending application, if any, also stands disposed of. 11.09.2026 11.09.2026 11.09.2026 11.09.2026 Jyoti-IV CRA-S-2206 of 2026 (O&M) 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 (vii) The appellant shall not in any manner misuse his liberty. (viii) The appellant shall furnish his address and mobile number to the Trial Court forthwith and shall not change the same till the conclusion of the trial and in case for any reason, the of the aforesaid, the same shall be done only with prior intimation to the learned Trial Court, stating the reason for the same. (ix) The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasin appellant. 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 appellant by this order. 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. Pending application, if any, also stands disposed of. 11.09.2026 11.09.2026 11.09.2026 11.09.2026 Whether speaking/reasoned: Whether reportable : (O&M) -5- 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. shall not in any manner misuse his shall furnish his address and mobile number to the Trial Court forthwith and shall not change the same till the conclusion of the trial and in case for any reason, the appellant seeks to change any of the aforesaid, the same shall be done only with prior intimation to the learned Trial Court, stating the reason The trial Court/Duty Magistrate may impose any other condition, as deemed appropriate while releasing the 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 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 ations. Pending application, if any, also stands disposed of. ((((RAMESH KUMARI RAMESH KUMARI RAMESH KUMARI RAMESH KUMARI) ) ) ) JUDGE JUDGE JUDGE JUDGE Yes/No. Yes/No from disclosing such facts to the Court or to any police of the aforesaid, the same shall be done only with prior intimation to the learned Trial Court, stating the reason The trial Court/Duty Magistrate may impose any other 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 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 ) ) ) ) JYOTI 2026.09.11 16.53 I attest to the accuracy and integrity of this document