208 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-44024-2024(O&M) Date of Decision: 21.02.2025 Ravi ....Petitioner(s)

Versus State of Haryana and another .....Respondent(s)

CORAM: HON’BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Mr. Ajay Ghangas, Advocate, for the petitioner.

Mr. Gagandeep Singh Chhina, AAG, Haryana.

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JASGURPREET SINGH PURI , J. (Oral)

CRM-7483-2025 The present application has been filed for placing on record Annexure P-6.

For the reasons recorded in the application, the same is allowed.

Annexure P-6 is taken on record subject to all just exceptions.

Main case

1. The present petition has been filed under Section 483 of BNSS for grant of regular bail to the petitioner in FIR No.0019 dated 22.02.2024, under Sections 323, 506 IPC, Section 6 of POCSO Act and Sections 10 and 11 of Prohibition of Child Marriage Act, 2006, registered at Police Station Woman Police Station Ballabgarh, District Faridabad.

2. Learned counsel appearing on behalf of the petitioner submitted been examined and she has not supported the prosecution version and has been declared hostile. He submitted that it is a case where as per the allegations contained in the FIR, the complainant was of the age of 17 years and she was forcibly married to the present petitioner by her father and thereafter, the petitioner committed sexual assault upon her and therefore, the present FIR was lodged. He submitted that in fact now the prosecutrix has not supported the prosecution version and the petitioner is in custody from 15.05.2024 and therefore, he may be considered for the grant of regular bail.

3. On the other hand, Mr. Gagandeep Singh Chhina, learned AAG, Haryana appearing on behalf of the State of Haryana submitted that so far as the custody of the petitioner is concerned, the same is correct but the petitioner does not deserve the concession of regular bail because at the time of occurrence, the prosecutrix was minor. So far as the prosecutrix not supporting the prosecution version at the time of trial is concerned, the same is a matter of record because statement of the prosecutrix has been attached by learned counsel for the petitioner by way of the aforesaid criminal miscellaneous application.

4. I have heard the learned counsel for the parties.

counsel for the parties, the prosecutrix has turned hostile and she has not supported the prosecution version. As per the allegations contained in the FIR, prosecutrix had complained to the police that she was forcibly married to the present petitioner by her father but at the time of recording of her statement before the learned trial Court, she stated that she is not married and no wrong has been committed upon her by the petitioner. Furthermore, it is not the case of the State that in case the petitioner is released on bail, then he may influence any witness or may tamper with evidence or may flee from justice.

6. In view of the aforesaid facts and circumstances, this Court deems it fit and proper to grant regular bail to the petitioner.

7. Consequently, the present petition is allowed. The petitioner shall be released on regular bail subject to furnishing bail bonds/surety to the satisfaction of the learned trial Court/Duty Magistrate concerned.

8. However, anything observed hereinabove shall not be treated as an expression of opinion on merits of the case and is meant for the purpose of deciding the present petition only.

21.02.2025 (JASGURPREET SINGH PURI)

rakesh JUDGE