IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

226 DATE OF DECISION: 08.01.2025 RAHISH KHAN ...PETITIONER VERSUS STATE OF HARYANA ... RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.

Present: Ms. Kajal Chauhan, Advocate for Mr. Sanyam Khetarpal, Advocate for the petitioner.

Mr. Chetan Sharma, DAG, Haryana.

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SANDEEP MOUDGIL, J (ORAL)

1. Relief Sought This petition has been filed under Section 483 BNSS (The Bharatiya Nagarik Suraksha Sanhita 2023) for grant of regular bail to the petitioner in FIR no. 195 (Annexure P-1) dated 11.09.2024 under Sections 384, 379-B, 120-B of Indian Penal Code 1860 and Sections 147, 149, 365, 506 of Indian Penal Code 1860 later added, registered at Police Station Dhauj, District Faridabad.

2. Prosecution story set up in the present case as per the version in the FIR reads as under :-

‘To the Commissioner of Police Sector-21C, Faridabad.

subject: Application for taking legal action against accused Saniya daughter of Mubish resident of Lal Kothi, Near Medical Store Bochi and her other friends namely Saleem, Sallu @ Salman resident of village Fatehpur Kalan, Mubarik @ Kala and 4-5 unknown persons for taking of Rs. 1,50,000/- and demanding more money by putting a pressure to falsely involved in honey trap case. Sir, it is prayed that I, Arif son of Arshad resident of village Kharkajalalpur Tauru, Nuh Mewat and is a business of vehicles. I am married and have 5 children's i.e. 4 daughters and 1 boy and all children are small. On 16/17.02.2024 at about 7:00 PM, I received a telephonic call on my mobile number 9729161652 from the mobile number 8448252592, on which women was speaking. She asked whether Arshad was speaking, then I told that I am not Arshad and I am Arif. Thereafter, she told that her name is Saniya and I used to call a boy namely Arshad and thereafter she disconnected the call. Next day at around 2:30 PM, I received a call from the same number and she started talking with me sweetly and she asked me to come at Nuh but I refused. Thereafter, she told and asked me to come at Sohna, but I refused again. Thereafter, she told that she is going to the house of her Aunt's at Ballabhgarh. Saniya also told me that her marriage was fixed with Arshad and Arshad gave his mobile number to her. On which I told that he did not know the person namely Arshad and I gave warning her to not make any call again. Thereafter, on 23.02.2024 I again received a call from same number on my phone, she told that she had enquired that you are the son of her aunt and she is in litigation with her first husband as he used to beat her every day after consuming liquor. She wanted to get divorce from him and due to relation I was asked to save her as she had no one in that world. Thereafter, I refused her by stating that I have no solution and I advised her to take help of police, but Saniya kept calling me again and again and she kept on pleading me to save her from her husband. I believed her words and I came in her sweets talking. I told all those talking to my friend Kala and I convinced him to go to the Saniya's house to solve the issue. On 23.02.2024 at about 07:30 PMm I started to go Ballabhgarh with my friend Kala in his car. We reached Ballabhgarh at around 08:30 PM and Saniya kept on calling with me on phone, Saniya told that she was standing at a patrol pump near Dirty drain near Tewatia Farm House on Sohna Road. We went to patrol pump, where she was alone standing the stated place was ahead from patrol pump near a dirty drain. Soniya already stated me her identity on phone. That time, the time was 9:00 PM, Saniya asked us to take one more person from village Nekpur, who was friend of my husband. On believing her words, we started towards Nekpur and when we were just before Nekpur, Saniya asked to stop the car and she after getting down from the car stated that first we should talk here that what points were told there. We along with her alighted from the car. As and when we alighted from car, Saniya caugh