IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

212 Date of decision : 24.09.2025 Ankush .......Petitioner versus State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Kunal Dawar, 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 present petition has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in case bearing FIR No.567 dated 18.10.2024 registered under Section 96 of Bharatiya Nyaya Sanhita, 2023 and Sections 17 & 4 of Protection of Children from Sexual Offence Act, 2012 at Police Station Sector-8, Faridabad.

2. Status report by way of an affidavit of Sh. Jitesh Malhotra, HPS, Assistant Commissioner of Police, Ballabgarh, Faridabad, on behalf of the respondent-State, filed in the Registry is taken on record. Vide notice dated 15.09.2025, the prosecutrix/complainant has been informed about the pendency of the present petition. However, none has put in appearance on her behalf

3. Brief facts of the case are that on 18.10.2024, the prosecutrix made a statement before the police that she is 17 years old and studying in 12^th class. She is the only child of her parents. On 19.08.2024, she along with her parents has to go to the house of her uncle in Ghaziabad. They hired a taxi from Taxi Stand near Mother Dairy for Ghaziabad. The name of the driver is Sagar Rajput @ Ali. They reached Ghaziabad at around 12:30 P.M. At around 2:00 P.M. she went to give lunch to the driver Sagar Rajput @ Ali. He asked her name and took her mobile number. They returned to Faridabad in the evening at around 6:00 P.M. Thereafter, Sagar Rajput @ Ali started sending messages to her at night and they started talking with each other. They fell in love and started meeting each other. On 10.10.2024 at around 10:30 P.M. accused Nikita came to the house of the prosecutrix and took her on the pretext of jagran at her home. Thereafter, the prosecutrix, accused Nikita, Sagar Raput @ Ali and friend of Sagar Rajput @ Ali namely Ankush (the present petitioner) had gone to the 15^th floor of Habitate Society at Flat No.B-2/1502, Sector 78, B.P.T.P. Faridabad. Prosecutrix and accused Sagar Rajput @ Ali were at one room and co- accused Nikita and petitioner were in another room. Accused Sagar Rajput @ Ali had committed penetrative sexual assault upon the prosecutrix. In the morning, when prosecutrix asked Sagar Rajput @ Ali to drop her at her home then he told her that he had video and photos of her and asked the prosecutrix to stay there for 2 to 3 days. On 14.10.2024, accused Sagar Rajput @ Ali left the prosecutrix at her home. On the basis of the said statement, the instant FIR was registered. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He submits that the FIR was registered against accused Sagar Rajput @ Ali and even as per the contents of the FIR there is no allegation of rape against the petitioner and the only allegation against the petitioner is that main accused Sagar Rajput @ Ali took the prosecutrix in the house of the petitioner. Even in the statement recorded under Section 164 of Cr.P.C., there is no allegation of rape against the petitioner. He has referred to the MLR, wherein it has been mentioned that “the alleged history of sexual assault by person known to her named Akhlakh Ali on 10.10.2024 in the night (Akhlakh Ali and Sagar Rajpurt @ Ali is the same person)”. He submits that now when the prosecutrix has been examined before the Trial Court, she has improved her version by making allegations against one another person namely Sohail and also against the petitioner. During the cross-examination, the prosecutrix was confronted with her earlier statements recorded in the FIR and under Section 164 of Cr.P.C., however, she could not give any satisfactory answer to the same. He has also r