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2025 Supreme(Online)(P&H) 15078

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

208 Reserved on : 01.09.2025 Pronounced on : 04.09.2025 Sagar ........Petitioner versus State of Haryana and another .....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Argued by : Mr. Aman Pal, Advocate for the petitioner.

Ms. Mahima Yashpal Singla, Senior D.A.G., Haryana.

Mr. Rajesh Goyal, Advocate for the complainant.

*****

NAMIT KUMAR, J. (ORAL)

1. The petitioner has filed the instant petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking grant of regular bail in case FIR No.277 dated 15.08.2021 registered under Sections 452, 458, 326, 307, 354C, 308, 365, 379B, 201, 376(2) read with Sections 511 & 506 of Indian Penal Code, 1860 at Police Station Civil Lines, Israna, District Panipat.

2. Brief facts of the case are that the complainant/prosecutrix made a complaint to the police alleging therein that her brother got married with Sheweta Verma daughter of Tejpal on 07.12.2017. Sagar (the present petitioner), who is the brother of Sheweta Verma, used to visit the matrimonial house of his sister and due to that they got acquainted. One day, finding her alone at her house, Sagar committed rape with her and in this regard, a case FIR no.75 dated 07.08.2020, under Sections 376(2)(n), 506 read with Section 34 of IPC and Section

67A of I.T. Act was got registered at Women Police Station, Panipat. Sagar was arrested in that case and later on, released on bail. Sagar extended threat to kill her and her family members and regarding that an application was moved at Police Station Israna. On 14/15.08.2021, at about 1:30/2:00 a.m., Sagar escalated the wall of her house and knocked the door of her room situated on the first floor. When she opened the door, Sagar attacked her with knife and screw driver. She received knife injury on her arm, but she escaped from the screw driver. Sagar placed the knife on her neck and asked her that if, she will make noise then he will kill her and her family members. Thereafter, he tried to commit rape with her and when she objected, he again gave blows on her arms, breast, chin, waist, shoulders and cheeks with knife and screw driver. He clipped obscene video on the point of knife and made her to talk with his father Tejpal on phone. Tejpal asked her that if she wanted to see her family members alive then she should accompany Sagar. Sagar told his father Tejpal that he will kill her parents and brother and bring her with him. Thereafter, Sagar again made her to talk with his father and she asked Teipal not to kill her family members and consented for accompanying Sagar. Tejpal said that if, she will raise noise then he will kill her nephew, who was living with them and she could not do anything wrong to them. Thereafter, Sagar forcibly obtained voice notes on the point of knife and made the complainant to speak that she was accompanying Sagar with her own will and will marry him with her consent and thereafter, he sent the voice note to his two friends to show that she was accompanying him and marrying him with her consent. Sagar made her to clean her blood stained room with water and kept on trying to commit rape with her. He gave knife injury on her waist and said that she knows that his father is in police and is influential. Sagar, made her to pack her clothes from the almirah and snatched both her phones and Rs.40,000/- and thereafter, tried to undress her. When she objected, he gave knife injuries and asked her to accompany him if she wanted to see her family members alive. He placed knife on her neck and took her down stairs and asked her to open the lock with the key and she opened the lock. Thereafter, Sagar took her upstairs and threw the blood stained bedding in the street and kept on giving knife injuries for about one or two hours on her body and further said that until she reaches near his father with him, her family was in danger. She kept on begging but Sagar tried to remove all evidence and ask

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