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CRM-M-42006-2025 (O&M) -1-

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

(118) CRM-M-42006-2025 (O&M)

Date of Decision: 23.3.2026

Kapil Kaushik ......Petitioner

Versus

State of Haryana and another .....Respondents

CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Mohit Rana, Advocate and

Mr. Ravi Solanki, Advocate for the petitioner.

Mr. Brijesh Sharma, AAG, Haryana.

Ms. Samanpreet Kaur, Advocate (Legal Aid Counsel)

for respondent No. 2.

****

KIRTI SINGH , J. (ORAL)

1. The jurisdiction of this Court under Section 483 of BNSS, 2023 has been invoked for grant of regular bail to the petitioner in case FIR No. 214 dated 09.7.2025 under Sections 64(2)(B), 115 and 351(3) of BNS,

2023, registered at Police Station Kheripul, District Faridabad.

2. The translated version of the FIR is reproduced below:-

“Sir, I, xxxxx, wife of Aman, resident of House No. 2654, Jawahar Nagar, Faridabad. I had a daughter on 13 AUGUST 2023. Since my child was small, I was searching for WORK FROM HOME opportunities, and my friend Diksha got me a job at KMV KNOWLEDGE HUB on 1 DECEMBER 2023. The owner of this company is Kapil Kaushik, resident of RZE-56A, New Roshapura, Newar Shiv Mandir, Najabgarh, Delhi. Initially, Kapil Kaushik taught me work online. In FEB 2024, I went to NIT MARKET with my friend Diksha. Diksha told me in the market that the boss had come and wanted to meet me. Diksha then took me to Kapil's car,

GURPREET SINGH 2026.03.23 17:08 I attest to the accuracy and where Kapil took cold drinks and offered them to both of us, and integrity of this document

Chandigarh

CRM-M-42006-2025 (O&M) -2-

started taking selfies with us. I didn't like all this, and I took Diksha Diksha and came back home. After that, Kapil Kaushik started repeatedly calling and harassing me. On 27 July 2024, I received a call from Kapil Kaushik. He told me to meet him to sign my EMPLOYEE ID. When I went to meet Kapil to sign the EMPLOYEE ID, he took me in front of New Friend Hotel Mewal Road Khedipul, Faridabad and asked me to go inside the hotel. When I refused to go inside, Kapil called my husband, but my husband did not pick up the phone, He then threatened me and forcibly took me to OYO HOTEL New Friend and started forcing himself on me. When I refused to be forced, Kapil slapped me and forcibly raped me, and threatened to send my Photos/Videos to my husband. After that day, Kapil repeatedly raped me many times, threatening to viral my photos/vides. Kapil used to come in his Swift white car and even raped me many times on road. Out of fear of my photos/videos being leaked, I did not tell anyone and I lived in constant fear and anxiety. Then Kapil started forcing me to go with his friends, after which I quit the job. But Kapil still calls and harasses me repeatedly and threatens to kill me. When I finally gathered courage, I told everything to my mother and husband. Kapil still has my photos/videos, which he keeps threatening to make viral. Kapil has raped me many times. An FIR should be registered against Kapil

and strict action should be taken.”

3. Learned counsel for the petitioner inter alia submits that the petitioner, aged 27 years, has been falsely implicated in this case by the complainant-prosecutrix. In fact, the prosecutrix herself is a married woman and having a child, therefore, the question of false promise of marriage does not arise. It is submitted that the nature of the relations between the parties was consensual throughout. It was only when due to temperamental differences that things had to be ended and the petitioner decided to solemnize marriage with another girl, the prosecutrix got registered the present FIR against the petitioner. It is further submitted that as per the allegations, the prosecutrix was forcibly taken to a hotel by the petitioner on

GURPREET SINGH 2026.03.23 17:08 I attest to the accuracy tahnde first date of occurrence, where the petitioner has allegedly violated her.

integrity of this document Chandigarh

CRM-M-42006-