IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

214 Date of decision : 25.08.2025 Sukhvinder Singh ........Petitioner versus State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. K.B.S. Mann, Advocate for the petitioner.

Ms. Priyanka Sadar, Senior D.A.G., Haryana.

None for the complainant.

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NAMIT KUMAR, J. (ORAL)

1. The petitioner has filed the instant petition under Section 439 of Code of Criminal Procedure, 1973 seeking grant of regular bail in case FIR No.89 dated 04.04.2023 registered under Sections 363, 366- A & 376-D of Indian Penal Code, 1860 and Section 6 of Protection of Children from Sexual Offence Act, 2012 at Police Station Industrial Area, District Bhiwani.

2. Brief facts of the case are that on 04.04.2023, the mother of the prosecutrix made a complaint to the police alleging therein that in the night of 02.04.2023, her daughter, who is 16 years old, has left the house without disclosing anything to anybody. She searched her in her own level but could not get any clue. On the basis of the said complaint, the instant FIR was registered. On 06.04.2023, mother of the victim produced date of birth certificate of victim where her date of birth was mentioned as 23.02.2007 which was taken into police possession. Later on, on 08.04.2023 parents of the victim produced the victim after she was traced. Her counseling from legal aid counsel was got conducted and statement of victim through legal aid counsel was got recorded wherein she disclosed that on 03.04.2023, in the night at about 2 O'clock, when she went for urination then their neighbour Vikas and his Jija Sukhvinder (the present petitioner) came to her and enticed her. Both of them committed rape upon her against her wishes. They took her with them and kept her at Fatehabad. On 07.04.2023, they brought her in their village area where she was traced by her parents. On this Vikas and Sukhvinder ran away but her parents brought her back to their house.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He submits that the victim, her mother (the complainant) and her father, who have been examined before the Trial Court as PW-4, PW-5 & PW-6, respectively, have not supported the case of the prosecution and turned hostile. In her testimony, PW-4 victim has stated that on 03.04.2023 some altercation took place between her and her mother and due to this reason, she left her house without informing her parents and other family members and went to the house of her uncle. She has further stated that accused-Sukhvinder, present in the Court through V.C. neither enticed/kidnapped her nor he committed any wrong act upon her at any point of time.

4. Learned counsel for the petitioner further submits that the petitioner is behind the bars since 30.08.2024 and is not involved in any other case. He also submits that investigation in the present case is complete; challan stands presented; charges have been framed and out of total 31 prosecution witnesses, 24 have been examined so far. The trial is likely to take a considerable time to conclude and therefore, no fruitful purpose would be served by detaining the petitioner behind the bars.

5. Per contra, learned State counsel, while referring to the averments made in the status report, has vehemently opposed the prayer for grant of regular bail to the petitioner on the ground that the allegations against the petitioner are serious in nature. However, she could not refute the factual position that out of total 31 prosecution witnesses, 24 have been examined so far. She has also filed custody certificate dated 23.08.2025 in the Court which is taken on record. As per the custody certificate, the petitioner is behind the bars since more than last 11 months.

6. I have heard learned counsel for the parties and perused the record.

7. Keeping in view the custody period of the petitioner which is 11 months and 25 days and the facts that