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CRM-M-18826-2025 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

(207)

CRM-M-18826-2025

Date of Decision:-04.02.2026

Babloo Yadav

……Petitioner

Versus

State of Haryana

……Respondent

CORAM: HON’BLE MR. JUSTICE ALOK JAIN

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Present: Mr. Sajal Bansal, Advocate for the petitioner.

Ms. Swati Batra, Senior DAG, Haryana.

Mr. Sunil Kumar Bhardwaj, Advocate for the complainant.

ALOK JAIN, J. (Oral)

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

to the petitioner in case FIR No. 295 dated 05.07.2024, under Sections

140(3), 3(5), 64(1) of BNS (Section 351(2) of BNS, 2023 added lateron),

registered at Police Station Chandimandir, District Panchkula, Haryana.

2. Learned counsel for the petitioner submits that the allegations

levelled against the petitioner are false and fabricated, as the

prosecutrix herself has admitted in her statement recorded under Section

183 BNS that she voluntarily accompanied the petitioner, had meals with

him and then went to the hotel room and did not raise any objection at any

point of time, which clearly indicates a consensual relationship between

them. It is further submitted that the prosecutrix also refused to undergo

medical examination. It is contended that there is an

unexplained delay of two days in lodging the FIR, as the alleged incident is

PARUL stated to have occurred on 02/03.07.2024, whereas the

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CRM-M-18826-2025 2

present FIR was registered on 05.07.2024, which casts serious doubt on the

veracity of the prosecution case and suggests false implication of the

petitioner. It is also pointed out that the main accused Balbir Singh @

Rinku has already been granted the concession of default bail. It is further

submitted that the challan has been filed and the petitioner has been in

custody since 17.11.2024 and no recovery is to be effected from him.

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 01 year, 02 months and 16 days as on 02.02.2026. Learned State

counsel submits that during the course of investigation, the prosecutrix

refused to provide her DNA sample and also declined to undergo medical

examination.

4. Learned counsel for the complainant has vehemently opposed

the grant of regular bail to the petitioner and submits that there are specific

allegations against him, as on 03.07.2024, the petitioner allegedly took the

prosecutrix on his motorcycle to a hotel against her wish and committed the

alleged offence upon her without her consent.

5. Heard learned counsel for the parties at length.

6. In light of the above, and considering the fact that the

petitioner has clean antecedents and no recovery is to be effected from him,

coupled with the fact that the prosecutrix voluntarily accompanied the

petitioner and refused to undergo medical examination during investigation.

It is a settled principle of law, as held by the Hon’ble Supreme Court in

“State of Himachal Pradesh v. Rajesh Kumar @ Munnu” (2025) INSC

331, that refusal of medical examination by the alleged rape victim may

PARUL

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authenticity of this document

CRM-M-18826-2025 3

have an adverse bearing on the prosecution case. Further, keeping in view

the fact that the petitioner has been in custody for 01 year, 02 months and

16 days and 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.

7. 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 release