IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 07.02.2025 Mustakim ....Petitioner V/s State of Haryana ....Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Randhir Singh Hooda, Advocate for the petitioner.

Mr. Naveen S. Bhardwaj, Additional Advocate General Haryana *****

SUMEET GOEL, J. (Oral)

1. The present second petition under Section 483 of BNSS, 2023 has been filed by the petitioner seeking regular bail in FIR No.517 dated 28.12.2023 registered under Section 4 of POCSO Act, 2012 at Police Station Sadar Tauru, District Nuh.

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

“"TO Women Police Officer, Police Station: Sadar Tauru. Subject: For taking strict legal action against accused for committing rape on minor and rendering justice. It is humbly submitted that I Mubin, s/o Habib is resident P.S. Sadar Tauru. My real brother Jafar drives truck/vehicle and his family is staying adjacent to my house. During the night/morning of 28.12.2023, my niece, whose name is XXXX and her date of birth is 23.08.2008 was sleeping with her paternal grandmother. She started having stomach ache and went to answer the call of nature in the fields adjacent to their house. However, while she was returning thereform, a boy gagged her mouth and took her about 1 Killa away. He raped her. They came to know about the same in the morning, when neighbours went to the fields and heard cries. When they reached the spot they found it was his niece who was crying and her clothes were fuddled. On receiving information regarding the same, we went to the spot and found that the hands of my neice were tied and she was in an unconscious state. We brought her back home and enquired from her about the occurrence. She disclosed to us entire occurrence and told that Mustakeem s/o Ali Mohd. r/o Kangraka, who stays at his fields covered mouth of my niece with her clothe and committed rape upon minor. Therefore, you are requested that in this matter, where accused is aged 22- 23, strict legal action may kindly be taken against accused and he may be given appropriate punishment and justice may be rendered to us. It will be your kind act. Dated 28.12.2023. Sd/XXXX”

3. The petitioner had earlier applied for grant of regular bail before this Court which was dismissed as withdrawn on 19.09.2024. The relevant part of said order reads as under:-

“Learned counsel for the petitioner seeks permission to withdraw the present petition so as to enable the petitioner to file a comprehensive petitioner with better particulars.”

Thereafter, the present petition i.e. the second petition for grant of regular bail has been preferred by the petitioner on 02.12.2024.

4. Learned counsel for the petitioner has iterated that the petitioner has been falsely implicated in the present case through a fabricated narrative of the alleged offence, asserting that no such incident occurred. The impugned FIR, according to learned counsel, stems from personal animosity and rivalry between the two families. It is further contended that the MLR indicates, no visible external injuries on the victim, nor were any internal injuries noted. Learned counsel asserts that the MLR findings unequivocally contradict the allegations made in the FIR. Moreover, the absence of both external and internal injuries, coupled with the documented forensic details, undermines the credibility of the allegations raised against the petitioner. Learned counsel has further iterated that FSL report revealed that no semen was detected in the samples collected during the medical examination of the victim, further undermining the allegations. Learned counsel has further iterated that the allegations against the petitioner are baseless and appear to be driven by ulterior motives rather than factual evidence. Learned counsel has further submitted that the prosecution case is based solely on the testimony of the victim/prosecutrix and her testi