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CRA-S-3418-2025 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

(209) CRA-S-3418-2025 (O&M)

Date of Decision:- 22.12.2025

Rohit

……Appellant

Versus

State of Haryana and Anr.

……Respondents

CORAM: HON’BLE MR. JUSTICE ALOK JAIN

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Present: Mr. Akshit Mehta, Advocate for the appellant.

Ms. Akshita Chauhan, DAG, Haryana.

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ALOK JAIN, J. (Oral)

1. The present appeal has been for challenging the order dated

27.10.2025 passed by learned Additional Sessions Judge, Fast Track

Special Court under POCSO Act, Bhiwani, whereby the second regular bail

filed by the appellant had been dismissed in case bearing FIR No.278 dated

17.08.2025 under Sections 75(2), 78, 351(2) of the BNS, 2023 and Section

3(2) (va) of the SC/ST Act, 1989 and Section 12 of the POCSO Act, 2012,

registered at Police Station Tosham, District Bhiwani.

2. Learned counsel for the appellant submits that the appellant is

a young boy, who has been in custody from four months. Moreover, the

testimony of the victim has been duly recorded before the learned trial

Court.

3. Learned State counsel has filed the custody certificate, which

is taken on record, according to which the appellant is in custody for the

last 04 months and 01 day.

MANJU

2025.12.23 09:39

I agree to specified

portions of this document

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CRA-S-3418-2025 (O&M)

4. After hearing learned counsel for the parties and considering the

fact that the appellant is in custody for the last more than 04 months and is

a young boy of 26 years having clean antecedents and the trial is likely to

take long time, hence, no useful purpose would be served by keeping the

appellant in custody.

5. Without commenting upon the merits, the present petition is

allowed and the appellant is ordered to be released on bail, if not required in

any other case, subject to furnishing of bail bonds and surety bonds to the

satisfaction of the trial Court/Duty Magistrate, concerned. He/she shall,

however, be released on the following conditions:

i. The appellant shall declare his/her ordinary place of residence

and the mobile number used by him/her.

ii. The appellant will not switch off his/her mobile and in case of

any technical glitch, he/she has to give an alternate number,

which will be available in his absence.

iii. The appellant will mark his/her presence before the SHO

concerned, after every 15 days and in case the SHO refuses to

mark his/her presence, he/she is permitted to make an application

before the Illaqa Magistrate, concerned.

iv. The appellant will not leave the country without the prior

permission of the Court, for which he/she will submit the copy of

his/her passport also. However, in case, the appellant does not

possess a passport, then he/she shall file an undertaking to the

said effect from being released.

MANJU

2025.12.23 09:39

I agree to specified

portions of this document

3

CRA-S-3418-2025 (O&M)

6. The appellant shall abide by the terms and conditions as

imposed in addition to Section 483 of BNSS, 2023.

7. However, nothing stated above shall be construed as a final

expression of opinion on the merits of the case and this order shall not be

considered as parity qua any other co-accused in any manner whatsoever.

8. It is made clear that, in case, the appellant is found involved in

any such activity once again, the present concession granted shall

automatically stand vacated.

9. Pending application(s), if any, stands disposed of.

(ALOK JAIN)

December 22, 2025 JUDGE

manju

Whether speaking/reasoned:- Yes/No

Whether Reportable:- Yes/No

MANJU

2025.12.23 09:39

I agree to specified

portions of this document