CRM-M-44122-2026 (O&M) -1- 233 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-44122-2026 (O&M) Date of decision: 10.09.2026 JASWANT ALIAS JASSU ...PETITIONER VERSUS STATE OF HARYANA AND ANR. ...RESPONDENTS CORAM: HON’BLE MRS. JUSTICE RAMESH KUMARI Present: Mr. D.S.Virk, Advocate for the petitioner. Mr. Brijesh Sharma, AAG, Haryana. **** 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 0511 24.10.2025 137, 96, 64(2)(m), 65(1) of BNS, 2023 (corresponding Sections 359, 366-A, 376(2), 376(3) IPC) and Section 6 of POCSO Act Rania, District Sirsa, Haryana 2. Mr. M.S.Virk, Advocate has put in appearance on behalf of respondent No.2 and filed his power of attorney, which is taken on record. 3. The above-numbered criminal case has got been registered on the basis of the statement of respondent No.2 alleging that his daughter, whose date of birth is 10.02.2010, had gone on 23.10.2025 at about 02:00 PM, saying that she was RENU BALA 2026.09.11 18:00 I attest to the accuracy and integrity of this document CRM-M-44122-2026 (O&M) -2- going to bring groceries from the market and would return within 10-15 minutes, but had not returned. He searched for his daughter, but her whereabouts were not known. He specifically stated that his minor daughter had been taken away by Jassu Ram son of Sana Singh, resident of Village Balasar, Tehsil Rania, District Sirsa, mobile No. 82955XXXXX, after alluring her. He also gave the physical description of his daughter in his complaint and prayed for taking legal action against him. 4. After registration of the FIR, investigation was conducted. On 27.10.2025, the minor victim was recovered from the bus stand, Rania, District Sirsa. The recovery memo was prepared. On 27.10.2025, the minor girl was produced in Civil Hospital, Rania, for her medical examination, but she refused to undergo the same. Her statement was recorded at One Stop Centre, Sirsa. The counselling of the minor victim was also got conducted. On 08.11.2025, she was produced before the Court of JMIC and her statement under Section 183 BNSS was got recorded and she was dropped at One Stop Centre, Sirsa. Thereafter, on 06.11.2025, the victim was again produced in Government Hospital, Sirsa, for medical examination. She was medico-legally examined. Her vaginal swabs and vaginal slides were taken and sent to the FSL. On 18.11.2025, the victim was again joined in the investigation and she levelled allegations against the present petitioner that he took her forcibly on 23.10.2025, she was kept in a room and the petitioner forcibly committed rape upon her. On 27.10.2025, when Jassu Ram had gone out of the house for some work, she availed herself of the opportunity and fled from the said house and reached Rania. Upon seeing the police there, she disclosed the entire incident to the police. On 08.11.2025, the place of occurrence was inspected and a rough site plan of the place of occurrence was prepared. On 08.11.2025, the petitioner was arrested in this case. RENU BALA 2026.09.11 18:00 I attest to the accuracy and integrity of this document CRM-M-44122-2026 (O&M) -3- He suffered a disclosure statement regarding his involvement in the commission of the crime. The petitioner was also got medico-legally examined. On 11.11.2025, the birth record of the victim was taken into police possession and, as per the birth certificate issued by the School, her date of birth is 10.02.2010. The blood samples of the petitioner were sent to the FSL and the vaginal swabs of the victim were also sent to the FSL. After completion of the investigation, the challan against the petitioner was presented. 5. Learned counsel for the petitioner submits that the statement of the victim and her father had since been recorded before the learned trial Court and they have not supported the case of the prosecution. The victim, in her testimony before the Court, specifically stated that her date of birth is 10.02.2007. The victim herself left her home. The petitioner has no role in her elopement and he never committed any offence. The victim initially opted not to get herself medico- legally examined, but she was medico-legally examined on 06.04.2025. As per the prosecution case, the last penetrative sexual assault on her person was on 26.10.2025 and she was medico-legally examined after 11 days of the occurrence. The prosecution failed to prove that the pant on which the DNA profile of the petitioner found was that of the victim. 6. Status report by way of affidavit of Subhash Chander, HPS, Deputy Superintendent of Police, Ellenabad, District Sirsa, on behalf of the respondent- State, and the custody certificate of the petitioner have been filed in Court today and the same are taken on record. Copies thereof have been supplied to the counsel opposite. 7. Per contra, learned State counsel submits that after investigation, the challan was presented. The prosecution has cited 18 witnesses in the list of witnesses, out of which 14 have been examined and only 04 witnesses remain to be examined. RENU BALA 2026.09.11 18:00 I attest to the accuracy and integrity of this document CRM-M-44122-2026 (O&M) -4- The petitioner enticed away the victim from the guardianship of her parents and indulged in repeated penetrative sexual assault. The DNA profile of the petitioner is matching with the stain on the jeans of the victim, therefore, the petitioner is not entitled to regular bail. 8. I have heard learned counsel for the parties and perused the documents on record. 9. The present petitioner is in custody since 09.11.2025, i.e. the date of his arrest. The statements of the victim and her father had been recorded and they did not support the case of the prosecution. The victim, in her statement under Section 183 BNSS, specifically stated that on 24.11.2025, she left her home at 12:00 Noon/01:00 PM of her own consent without telling anybody. She went to the Gurudwara because her mother and parental aunt (Bua) used to beat her. She does not want to go with her mother. Thereafter, she was dropped at One Sakhi Centre. The victim, in her testimony before the Court, specifically stated that her date of birth is 10.02.2007. The petitioner was arrested on 09.11.2025. Only 04 witnesses remain to be examined. 10. Considering the fact that the victim, in her statement under Section 183 BNSS and in her testimony before the Court, did not support the case of the prosecution, in such circumstances, no fruitful purpose would be served by detaining the petitioner in further custody. As such, sufficient mitigating circumstances are made out to extend the concession of regular bail to the petitioner. 11. Accordingly, the instant petition is allowed, and the petitioner 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 following conditions:- (i) The petitioner shall not leave the country without prior RENU BALA 2026.09.11 18:00 I attest to the accuracy and integrity of this document CRM-M-44122-2026 (O&M) -5- permission of the trial Court and shall deposit the passport 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 is exempted by a specific order of Court. (v)  The petitioner 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 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 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 petitioner seeks to change any 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 releasing the petitioner. 12. 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. 13. 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 RENU BALA 2026.09.11 18:00 I attest to the accuracy and integrity of this document CRM-M-44122-2026 (O&M) -6- on the merits of the case and the trial would proceed independently of the aforesaid observations. 10.09.2026 (RAMESH KUMARI) renubala JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No RENU BALA 2026.09.11 18:00 I attest to the accuracy and integrity of this document