IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

205 Date of decision : 07.11.2025 Sachin ........Petitioner versus State of Haryana and another .....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Parminder Singh, 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 petitioner has filed the instant petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in case bearing FIR No.159 dated 24.04.2024 registered under Sections 363 & 366 of Indian Penal Code, 1860 and Section 6 of Protection of Children from Sexual Offences Act, 2012 Police Station Butana, District Karnal.

2. Status report by way of an affidvit of Sh. Mahabir Singh, HPS, Deputy Superintendent of Police, Nilokheri, Karnal, on behalf of respondent No.1-State, filed in the Registry is taken on record.

3. Learned State counsel submits that the complainant has been informed about the pendency of the present petition and the next date of hearing fixed in it, vide notice dated 20.08.2025 (Annexure R-

1). However, none has put in appearance on his behalf.

4. Brief facts of the case are that on 24.04.2024, father of the victim made a complaint to the police alleging therein that today at around 2:30 A.M., his daughter, who is 17½ years old, left the house without telling anyone. He along with other family members tried to search her but could not find her anywhere. He has suspicion that she has been enticed away by Sachin (the present petitioner). On the basis of the said complaint, the instant FIR was registered under Sections 363 & 366-A of IPC and investigation was initiated. On 03.06.2024, the victim was got recovered from the house of the petitioner. On 04.06.2024, statement of the victim under Section 164 of Cr.P.C. was recorded and on 23.06.2024, the victim got recorded her supplementary statement and on the basis of her supplementary statement Section 4(1) of POCSO Act was added. On 13.07.2024, another statement of the victim was recorded. During challan, Section 4(1) of POCSO Act and Section 366-A of IPC were given up and Section 6 of POCSO Act and Section 366 of IPC were added.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He submits that although, at the time of incident the victim was 17½ years old, however, the relationship between the petitioner and the victim was consensual in nature. He submits that the victim in her statement dated 04.06.2024 recorded under Section 164 of Cr.P.C. has stated that she went to meet the petitioner at Kurukshetra, from where they both went towards Bihar. She want to solemnize marriage with the petitioner but her family members did not agree, therefore, she went from her house and now she has no objection in going with her parents. He further submits that the victim refused to get her medically examined. However, due to pressure of her parents, the victim got recorded supplementary statements on 11.06.2024 and 13.07.2024, wherein she made allegations of rape against the petitioner. He further submits that in her testimony recorded before the Trial Court as PW-1, the victim stated that she went with the petitioner, who is present in Court, on her free will and consent and established physical relations with the petitioner on her free consent. The petitioner never committed rape upon her and never kidnapped her.

6. Learned counsel for the petitioner further submits that the petitioner is behind the bars since 03.06.2024 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 framed and out of total 15 prosecution witnesses, only 01 has been examined so far. The trial is likely to take a considerable time to conclude and therefore, no fruitful purpose would be served by detaining the petitioner behind the bars.

7. Per contr