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CRM-M-48399-2025 (O&M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

(146+216)

CRM-1726-2026 in/and

CRM-M-48399-2025 (O&M)

Date of Decision:-29.01.2026

Ajay @ Aje Kumar

……Petitioner

Versus

State of Haryana

……Respondent

CORAM: HON’BLE MR. JUSTICE ALOK JAIN

****

Present: Mr. Munish Kamboj, Advocate

for the petitioner.

Ms. Akshita Chauhan, DAG, Haryana.

****

ALOK JAIN, J. (Oral)

CRM-1726-2026

The present application has been filed for placing on record the

testimony of the prosecutrix (Annexure P-8) recorded before the learned

Trial Court.

Application is allowed as prayed for.

Annexure P-8 is taken on record, subject to all just exceptions.

CRM-M- 48399-2025

1. The present petition has been filed seeking grant of regular bail

to the petitioner in case FIR No. 455 dated 27.06.2024, registered under

Sections 363 and 366-A of Indian Penal Code, 1860 (Section 376(2)(n) of

IPC and Section 06 of POCSO Act added during investigation), at Police

Station City Sirsa, District Sirsa (Annexure P-2)

PARUL 2. Learned counsel for the petitioner submits that the prosecutrix,

2026.01.29 17:40

I attest to the accuracy and

authenticity of this document

CRM-M-48399-2025 (O&M) 2

in her testimony, has admitted herself to be more than 18 years of age and it

is emphasized that the prosecutrix initially, in her statement recorded under

Section 164 Cr.P.C., did not level any allegations against the petitioner with

regard to any sexual violation. It is further submitted that in fact the

prosecutrix initially refused to undergo medical examination; however, only

after the counselling by the Child Welfare Committee, the medical

examination of the prosecutrix was conducted. Learned counsel further

submits that even in the said medical examination, no incriminating

material has been found against the petitioner.

3. Learned State counsel has filed the custody certificate of the

petitioner in Court today, which is taken on record, subject to all just

exceptions. As per the custody certificate, the petitioner has been in custody

for the last 01 year, 06 months and 10 days as on 28.01.2026.

4. In view of the above and considering the fact that the

petitioner is a young boy of 24 years and he has been in custody for the last

01 year, 06 months and 10 days, moreover, the trial is likely to take

considerable time, therefore, no useful purpose would be served by keeping

the petitioner in custody. Accordingly, the petitioner is held entitled to the

concession of regular bail. The issue with regard to the age of the

prosecutrix is kept open to be decided by the learned Trial Court at an

appropriate stage.

5. Without commenting upon the merits of the case, the present

petition stands allowed and the petitioner is ordered to be released on bail if

not required in any other case on furnishing bail bonds and surety bonds to

the satisfaction of the trial Court/Duty Magistrate, concerned. The

petitioner shall, however, be released on the following conditions:

PARUL

2026.01.29 17:40

I attest to the accuracy and

authenticity of this document

CRM-M-48399-2025 (O&M) 3

i The petitioner shall declare his ordinary place of residence and

the mobile number used by him.

ii The petitioner will not switch off his mobile and in case of any

technical glitch, he has to give an alternate number, which will

be available in his absence.

iii The petitioner will mark his presence before the SHO

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

mark his presence, he is permitted to make an application

before the Illaqa Magistrate, concerned.

iv The petitioner will not leave the country without the prior

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

his passport also. However, in case the petitioner does not

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

effect before being released.

The petitioner shall abide by the terms and conditions as

imposed in addition to Section 483 of BNSS, 2023.

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

expression of opinion on the merits of th