IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

218 Date of decision : 29.10.2025 Subhash ........Petitioner versus State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: Ms. Inderpal Kaur, Advocate for Mr. Ajay Ghangas, 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.02 dated 02.01.2025 registered under Sections 140(3), 64(1) & 87 of Bharatiya Nyaya Sanhita, 2023 and Section 6 of Protection of Children from Sexual Offences Act, 2012 at Police Station Industrial Sector-29, Panipat.

2. Status report by way of an affidavit of Sh. Suresh Kumar, HPS, Deputy Superintendent of Police, Traffic, Panipat, on behalf of respondent No.1-State, has been filed in the Court which is taken on record. As per para 5 of the status report, the complainant and victim have been informed about the pendency of the present petition by the investigating officer vide notice dated 04.10.2025. However, none has put in appearance on their behalf.

3. Brief facts of the case are that the father of the victim made a complaint to the police stating therein that on 01.01.2025 at about 3:00 P.M., his minor daughter had gone to the bank for getting bank copy updated, however, she did not return back home. Thereafter, she was searched by the complainant and his family members but she could not be found. On the basis of this complaint, initially FIR under Section 140(3) of BNS, 2023 was got registered and investigation was commenced. During investigation, the victim was got recovered from Mohammadabad, District Farukhabad, U.P. and she was taken to Civil Hospital, Panipat for her medical examination and her UPT was also got conducted, which came out to be positive. Thereafter, statement of the victim under Section 183 of BNSS, 2023 was got recorded and on the basis of her statement, Sections 64 and 87 of BNS, 2023 and Section 6 of POCSO Act, 2012 were added in the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. She submits that in her statement dated 20.02.2025 recorded under Section 183 of BNSS, 2023, the victim has stated that she was in friendship with the petitioner and she called the petitioner at her home, where they got physical. They wanted to get married. However, she was underage and they went from Panipat to Farukhabad, where they took a room and got physical again. Whatever happened between them was with their mutual consent. Today she got to know that she is pregnant. The petitioner/accused loved her and wanted to marry her and since her age was less than 18 years, so they were waiting for her to become major. If her parents agrees, she will marry the petitioner. Learned counsel for the petitioner further submits that the victim and complainant (father of the victim), who have been examined before the Trial Court as PW-1 and PW-2, have not supported the case of the prosecution. In her statement recorded before the Trial Court, the victim stated that in the month of December, 2024, her mother scolded her and due to this reason, she left her house without informing anyone. Thereafter, she went to Farukhabad, U.P. where one unknown boy committed rape upon her against her will. Due to which she became pregnant and she remained at Farukhabad, U.P. till 19.02.2025 and thereafter, she came back to her house. She has seen the petitioner through V.C. and he is not that boy who committed rape upon her against her will at Farukhabad, U.P.

5. Learned counsel for the petitioner further submits that the petitioner is behind the bars since 20.02.2025 and is not involved in any other case. She also submits that investigation in the present case is completed; challan stands presented; charges have been frame