IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

211 Date of decision : 15.09.2025 Vipin Kumar ........Petitioner versus State of Haryana and another .....Respondent CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Sajal Bansal, Advocate for the petitioner.

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

Mr. Vivek Chauhan, Advocate for respondent No.2.

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NAMIT KUMAR, J. (ORAL)

1. The present petition has been filed by the petitioner under Section 439 of Code of Criminal Procedure, 1973 for grant of regular bail in case bearing FIR No.212 dated 20.05.2023 registered under Section 6 of Protection of Children from Sexual Offence Act, 2012 (Section 376 of Indian Penal Code, 1860 was added later on) at Police Station Chandimandir, District Panchkula.

2. Status report by way of an affidavit of Sh. Ashish Kumar, HPS, ACP-HQ-II, Panchkula, on behalf of respondent No.1-State, filed in the Registry is taken on record.

3. Brief facts of the case are that initially a complaint dated 16.05.2023 qua finding of the dead body of a new born baby from the dustbin of the girl’s washroom was submitted by the Principal, Government Senior Secondary School, Ramgarh, District Panchkula and on the basis of the said complaint, FIR No.196 dated 16.05.2023 under Section 318 of IPC at Police Station Chandimandir, District Panchkula was registered. Thereafter, on 19.05.2023, the victim made a statement before the police that she had developed physical relations with Vipin Kumar (the present petitioner) in the month of August, 2022. On 15.05.2023, when she went to washroom of her school, she delivered a dead child which she dumped in a dustbin. She did not know that she was pregnant. She further stated that she had developed physical relations with the petitioner as per her own free will and there is no fault of the petitioner. To the same effect, the victim got recorded her statement under Section 164 of Cr.P.C. on 22.05.2023. Thereafter, on 21.08.2023, the mother of the victim moved an application to the concerned police station for again recording the statement of her daughter under Section 164 Cr.P.C. with a plea that now the victim is free from mental tension and apprehension etc. In pursuance to the aforesaid application, the victim was again produced before the learned Magistrate for recording her statement under section 164 Cr.P.C. and in her subsequent statement recorded under section 164 Cr.P.C., she put allegations against the petitioner as well as one Chandan.

4. Learned counsel for the petitioner submits that the petitioner, who is cousin of the victim, is innocent and has been falsely implicated in the present case by the mother of the victim due to an old grudge with the mother of the petitioner qua some jewellery articles. He submits that in the FIR, the victim herself stated that she had developed physical relations with the petitioner out of her own free will in the month of August, 2022 and the petitioner has no fault. Even in her statement recorded on 22.05.2023 under Section 164 of Cr.P.C., the victim herself admitted that the petitioner was her boyfriend since last approx. two years and she had voluntarily developed physical relations with him. Thereafter, on the asking of her mother, the victim got recorded her subsequent statement under Section 164 of Cr.P.C. on 21.08.2023 and made allegations against the petitioner. He submits that the whole prosecution story suffers from material improvements and inconsistencies qua the commission of said offence which is nothing but a result of an after-thought and manipulation done by the mother of the victim.

5. Learned counsel for the petitioner further submits that the petitioner is behind the bars since 20.09.2023 and he is not involved in any other case. He also submits that investigation in the present case is complete; challan stands presented; charges have been farmed and out of total 25 prosecution witnesses, only 04 have been examined so far. The trial is likely to take a considerable t