Shashi Sham vs State of Haryana - 2024 Supreme(P&H) 546

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 546

SUMEET GOEL
Shashi Sham – Appellant
Versus
State of Haryana – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Rohit Singh.
For the Respondents: Mahima Yashpal, Shokeen Singh Verma.

JUDGMENT :

Sumeet Goel, J.

1. Present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as ‘the BNSS’) for grant of anticipatory bail to the petitioner in case bearing FIR No. 417 dated 25.07.2024, registered for the offences punishable under Sections 351(3), 75(2) & 78 of the Bharatiya Nyaya Sanhita, 2023 and under Section 12 of POCSO Act, 2012 at Police Station Sadar Bhiwani, District Bhiwani.

2. The case set up in the FIR in question (as set out in the petition by the petitioner) is as follows:

“My name is Ankita D/o Balwan Singh, R/o Vill. Dinod. I am a student of 9th Class In Govt. Girls High School and my DOB is 02.09.2007. My teacher whose name is Shashi Sham teaches us Hindi. Nearly 20 days ago, he asked me to give my mobile number to him and he will send the School work to me. I wrote my fathers mobile no. i.e. in his phone. Thereafter, instead of sending me school work, he started sending indecent messages and pictures from his number i.e. He said that I should talk to him and started troubling me every day and started to pressurize me to talk to him and started intimidating me. He threatened to kill me and said