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2025 Supreme(Online)(P&H) 22375

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 02.12.2025 Pronounced on: 05.12.2025 Uploaded on: 05.12.2025 Abhishek .Petitioner Versus State of Haryana ..Respondent CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Pratap Singh Gill, Advocate, for the petitioner.

Ms. Kanica Sachdeva, DAG, Haryana Ms. Shivani Jaglan, Advocate for the complainant.

SHALINI SINGH NAGPAL , JUDGE Petitioner seeks anticipatory bail in case vide FIR No.455, dated

23.07.2025, under Section 6 of Protection of Children from Sexual Offences Act, 2012, Sections 65(1), 351(2), 3(5) of Bharatiya Nagarik Suraksha Sanhita, 2023, Police Station Sector 32-33, Karnal. This is the first petition for regular bail.

Briefly stated, facts of the case are that prosecutrix, aged 16 years, alleged that her father was a daily wager and her mother a sweeper. Netram, grandfather of Abhishek had a grocery shop in his house on the main road where she used to frequently visit to make purchases on the asking of her mother. She started chatting with Abhishek on his instagram ID on threat extended by him. On one occasion, on 22.03.2021, whe she had gone to the shop to buy grocery items, Abhishek forcibly held her hand and gave her chocolate. Again on 03.09.2021, when she visited the shop he forcibly held her hand, pulled her inside the shop and kissed her. Five years ago, when she was a student of Convent School, ITI, Karnal, he followed her on his bike, forcefully made her sit on the bike and dropped her to school. Then he started coming to the convent school repeatedly and chatted with her on Instagram ID for one year. One day, he took her from the school to Atal Park, kissed her without her consent and threatened to kill her if she disclosed the matter. On 26.01.2022, he forcibly took her to the cafe in the basement of Saraswati Tent House, ITI Chowk and tried to commit wrong act without her consent but she refused. After a month, he forcibly took her to the same cafe and did wrong thing without her consent under threat of eliminating her and her family. After that, on 13.12.2022, she went to Delhi where also he followed her. After returning from Delhi, she was admitted in another school in Karnal in Class 8th. On 06.11.2023, Abhishek came on his bike, took her to a park where he had a quarrel with some other boys. She managed to escape and narrated the incident to her mother, who lodged FIR No.1563, dated 07.11.2023under Sections 354-D, 506 IPC and 12 of Protection of Children from Sexual Offences Act, 2012, Police Station, City Line, Karnal, against accused Abhishek but the matter was compromised and she made statement in favour of Abhishek in the court after which he was granted bail on 18.05.2024. Three months later, she received message from Abhishek who wanted to meet her. Accused followed her, forcibly took her to Atal Park on his motorcycle and saying that he was ready to marry her. On 15.08.2024, he took her to Pathan Cafe, Gangalpur and did wrong things against her consent. After 1½ months, he again took her to the same cafe and did wrong act without her consent. Abhishek took her to the house of Komal, forcibly put Mangal Sutra around her neck and wedding bracelet on her wrist. Then he along with Komal took her to Amritsar, Punjab from Karnal by train. She was taken to a hotel and on 31.12.2024, Abhishek did wrong act without her consent. Again on 01.01.2025, she was taken to hotel by Abhishek, Komal and Deepak, where also accused accused Abhishek committed wrong act. He also took her pictures. On 17.06.2025, he took her to Pathan Cafe and committed wrong act against her will. She was beaten and threatened for not disclosing the matter to her family members.

Learned counsel for the petitioner submits that previously, mother of the prosecutrix got registered case against the petitioner, wherein prosecutrix made statement that she had no objection if the petitioner was allowed anticipatory bail. The present FIR was misuse of law. He furthe

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