IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NEERJA K. KALSON, J.
Krishan - Petitioner
Versus
State of Haryana – Respondent
CRM-M-18310 of 2026
Decided On : 06-04-2026
JUDGMENT :
NEERJA K. KALSON, J.
1. The present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of anticipatory bail to the petitioner in case FIR No.48 dated 19.02.2026, under Section 64(2) (M)/77/79/126(b), 308(2), 351(3) and 3(5) of BNS, 2023 read with Sections 376, 354-C, 509, 339, 110, 130 and 34 of IPC, registered at Police Station Urban Estate Hisar, District Hisar.
2. Briefly, the case of the prosecution is that on 19.02.2026 one Zero FIR No.01 dated 17.02.2026 under Sections 64(2)(m), 77, 79, 351(3), 308(2), 126(2), 3(5) of BNS Police Station Sadar, Jind was received in the Police Station Urban Estate, Hisar through post from the office of Superintendent of Police, Jind. Complainant-prosecutrix in her complaint mentioned that she was a student in Jat College. Accused Krishan was also studying in her class. On 01.01.2023, she alongwith 2-3 friends went to the P.G. of her sister in Hisar, where she was employed. Her other friends left after a short while and her sister departed for her duty. The accused Krishan and Ankush and she remained alone in the room. Krishan forcibly established physical relations with her and recorded videos and took photographs. Thereafter, both accused started blackmailing her and threatened her to comply with his demands otherwise he would make the photos and videos viral to her family members. Prosecutrix further stated that on 23.01.2023 accused Krishan forcibly committed rape upon her on the pretext of making viral her objectionable photos and videos. Thereafter, accused Krishan continuously subject her to physical exploitation and extorted money from her. Accused Ankush was also involved in the conspiracy alongwith accused Krishan. Out of fear of social stigma, she never disclosed these facts to her family and both accused continued exploited her relentlessly. She suffered severe mental and physical harassment. Prosecutrix further disclosed that she submitted a written complaint to Police Post Jind regarding the extortion of money, photos, videos but due to fear of social disgrace, she refrained from disclosing the details of rape. Accused Krishan returned her some amount and his father apologized, assuring her that accused would not blackmail her in the future. Yielding to pressure from the village Panchayat, she withdrew her complaint. However, even after, accused Krishan continues to blackmail her repeatedly. On 28.01.2026 accused Krishan and his younger brother Aniket stopped her near Narnaund. They abused her and issued threats to make her objectionable photo and videos viral on social medial. She contacted with their family members but they flatly refused to even speak with her. A prayer was made for taking legal action against the accused persons. On the basis of said complaint, FIR u/ss 64(2)(m), 77, 79, 351(3), 308(2), 126(2), 3(5) BNS was registered. Further investigation was conducted by LASI Suman 473/Hisar. Counseling of the prosecutrix was got conducted before Legal Aid counsel. On 20.02.2026 statement of prosecutrix u/s 183 BNSS was got recorded before learned Magistrate. Prosecutrix was also medicolegally examined from General Hospital, Hisar.
3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, which arises out of a purely monetary dispute that has been maliciously given a criminal colour. It is contended that in the initial complaint dated 14.01.2026, the complainant did not level any allegation of rape. The dispute was confined to alleged monetary transactions and accusations of blackmail. The said complaint was voluntarily withdrawn, and a closure report was filed, which clearly reflects the true nature of the dispute. Learned counsel submits that the complainant herself admitted that she had received money and articles and that the matter had been settled through a Panchayat without any coercion or undue influence. This establishes that the dispute was civi
Anticipatory bail is a discretionary remedy not granted as a matter of right, especially in serious offenses where custodial interrogation is essential for recovering electronic evidence and ensuring....
Anticipatory bail should only be granted in exceptional circumstances; the seriousness of the allegations and need for investigation justifies denial of bail.
Anticipatory bail is not a right and should only be granted in exceptional circumstances, particularly in serious allegations where custodial interrogation is necessary to protect the investigation.
Anticipatory bail denied as the serious nature of allegations necessitates custodial interrogation, regardless of the delay in lodging the FIR.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.