IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 08.09.2025 Raj Kumar @ Raj @ Raju Kumar ......Petitioner Versus State of Haryana ......Respondent CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: - Mr. Dixit Garg, Advocate, for the petitioner.

Ms. Mahima Yashpal Singla, Sr. DAG, Haryana.

NAMIT KUMAR, J.

1. This petition has been filed by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in case FIR No.436 dated 10.11.2024 registered under Sections 61(2), 64(1), 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Sections 6/17 of the Protection of Children from Sexual Offences Act, 2012 at Police Station Chandhut, District Palwal.

2. Present FIR was registered on the basis of a complaint given by one 'A' wife of 'V. Sharma, resident of Village-'L', District- Palwal, alleging therein that her daughter 'J', aged about 15 years, was studying in Government Senior Secondary School in 9th Class. On

10.11.2024, the complainant's daughter 'J' told her that around 20-25 days ago, when she went to her school then at around 8:00 A.M., she was called out of school by accused Jitender who threatened to commit suicide if she would not accompany him. Resultantly, the complainant's daughter got frightened and she accompanied said Jitender to the School Gate. The said Jitender gave water to the complainant's daughter from a bottle. The maternal uncle of accused Jitender i.e. present petitioner was standing with the motorcycle outside the gate of the school. The said Jitender and petitioner made the complainant's daughter sit on the motorcycle. The said motorcycle was being driven by petitioner-Raj Kumar alias Raj and the accused Jitender was the pillion rider. The complainant's daughter was made to sit in the middle of the seat. The said persons took the complainant's daughter to Nitin Clubs, HUDA Chowk, Palwal. The said Jitender took the complainant's daughter 'J' to a room inside Nitin Clubs whereas petitioner kept standing outside Nitin Clubs. In the said room, the accused Jitender committed the prohibited act with the complainant's daughter against her wishes and he also took obscene photographs of the complainant's daughter. Thereafter, said Jitender and the petitioner dropped the complainant's daughter at the gate of the school intimidating her with death threats if she disclosed the incident to any person. Thereafter, at around 9:30 AM on 22.10.2024, said Jitender went to the school and threatened the complainant's daughter to accompany him otherwise he would make her photographs viral. Hence, the complainant's daughter sat on his motorcycle and she was again taken to Nitin Clubs, HUDA Chowk, Palwal by said Jitender. The said Jitender took the complainant's daughter 'J' to a room inside Nitin Clubs and again he committed the prohibited act with the complainant’s daughter against her wishes. Then he dropped the complainant’s daughter at the school gate by again giving her death threats if she disclosed the incident to any person. He also threatened to make obscene photographs viral if she disclosed the incident to any person. Hence, the present FIR.

3. Learned counsel for the petitioner has contended that the petitioner is innocent and has been falsely implicated in the present case as he has not committed any offence. He further submitted that even if the allegations levelled in the FIR are presumed to be true, then also no offence is made out against the petitioner as he was only standing outside the hotel and no offence has been committed by him. He further submitted that the main accused Jitender has already been arrested and nothing is to be recovered from the petitioner. He further submitted that the petitioner is not involved in any other case and is ready and willing to join the investigation.

4. Per contra, learned State counsel has opposed the prayer for grant of anticipatory bail to the petitioner on the ground that petitioner is accused of facilitating the m