IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (214)

CRM-M-69814-2025 (O&M)

Date of Decision:-09.02.2026 Rajender ……Petitioner Versus State of Haryana and another ……Respondents CORAM: HON’BLE MR. JUSTICE ALOK JAIN ****

Present: Mr. V.P. Sangwan, Advocate for the petitioner.

Ms. Akshita Chauhan, DAG, Haryana..

****

ALOK JAIN, J. (Oral)

1. The present petition has been filed seeking grant of regular bail to the petitioner in case FIR No. 0082 dated 13.09.2025, under Sections 333, 351(2), 75(2) of BNS, 2023 and Section 8 of POCSO Act, registered at Women Police Station Bhiwani, District Bhiwani.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present FIR. It is further submitted that the challan has been presented and the material witnesses have been examined, who have turned hostile and the petitioner has been in custody since 26.09.2025. Accordingly, he prays for grant of the concession of regular bail to the petitioner.

3. Learned State counsel has also 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 04 months and 13 days as on 09.02.2026; however, learned State counsel could not deny the fact that the material witnesses have turned hostile.

4. In light of the above and considering the fact that the material witnesses have already been examined and have turned hostile, coupled with the fact that the petitioner has been in custody for the last 04 months and 13 days, and further keeping in view that the trial is likely to take considerable time, no useful purpose would be served by keeping the petitioner in custody. Accordingly, the petitioner is held entitled to the concession of regular bail.

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:

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 the case and this order shall not be considered as parity qua any other co-accused in any manner whatsoever.

7. It is further made clear that, in case, the petitioner is found involved in any such activity once again, the State is at liberty to promptly move an appropriate application for cancellation of bail detailing out the circumstances and violation of conditions of bail.

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

(ALOK JAIN)

JUDGE

09.02.2026 parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No