IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 30.03.2026 MOHIT RATHI ......Appellant Versus STATE OF HARYANA .....Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. S.K. Tripathi, Advocate for the appellant.

Mr. Anmol Malik, DAG, Haryana.

Mr. Sanyam Khetarpal, Advocate for the complainant.

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KIRTI SINGH , J. (ORAL)

1. The appellant has filed this appeal assailing the order dated 19.11.2025 passed by the learned Additional Sessions Judge, Faridabad, whereby the bail application filed under Section 483 of BNSS for grant of regular bail in case bearing FIR No.706 dated 11.12.2024 under Sections 3(1)(x) of SC/ST; Sections 6 and 17 of POCSO Act and Sections 328, 506 and 34 of IPC, registered at Police Station Mujjesar, District Faridahbad, has been dismissed.

2. The translated version of the FIR is reproduced below:-

“To, Hon'ble Sir, Chief Minister, Government of Haryana, Chandigarh, CM Window, Sector-12, Faridabad Subject: Application for legal action against Mohit Rathi, son of Shri Om Prakash Rathi, resident of Near Arora Poultry Farm, Dabua Colony, Faridabad, 2. Jai Prakash, son of Shri Jai Lal 3. Babita, wife of Shri Jai Prakash, caste Gurjar, residents of House No. 1127, Uttam Nagar, Dabua Colony, Faridabad, who allegedly lured the complainant with false promises of marriage, took obscene photos and videos of her and then blackmailed her into having physical relations with him. He also threatened to kill her and her family if she reported the matter to the police or initiated legal proceedings. Mobile No. 9911088103, Sir, I humbly request that I, applicant 'P', daughter of Shri 'B', caste Chamar, resident of xxx, and I make the following request that since August 2023 (I was 17 years old at that time, that is, I did not know my right from wrong), the above mentioned accused Mohit Rathi, who used to run a fast food shop near our house, took me under his control by sweet talk and alluring me and on the pretext of showing me a movie, took me to Blue Ice Hotel, near Dabua Sabji Mandi, Faridabad, where he mixed something in the cold drink etc. which was already open and requested me to drink it, I drank it by trusting him and then suddenly I started feeling dizzy and I fainted right there and the above mentioned accused made me unconscious. He raped me without my consent while I was in a unconscious state and after raping me he made a video of my sexual intercourse and when I regained consciousness I saw myself in a naked state and when I asked him why I did this and I said that I will take legal action in the police then with the intention of blackmailing me the applicant, he said that if you try to take any legal action or tell anyone then I will disgrace you in the whole society because I have made a video of you having sexual intercourse in a naked state and will put your video and photo on social media due to which you will not be able to show your face in the society or in your friends and relatives so do as I say and out of fear of society I kept doing as the said accused told me. 2. That the said accused kept having sexual relations with me the applicant in natural and unnatural ways by blackmailing me the applicant and when this was going on for a long time then one day he told me that we both will go and do a love marriage but as you are a minor now therefore love marriage can happen only when you turn 18 and I fell for his words and on 21 October 2024, I left Faridabad with the accused Mohit Rathi. The accused trapped me, the applicant, and raped me against my will. 3. That after that, Mohit received a call from his uncle, Jai Prakash and said that the girl's family is pressurizing us to file a police case against our family and you, so you should come to Faridabad with the girl and it will happen as you wish and Mohit after convincing me brought me to Faridabad Dabua Police Station and we gave in writing to the police as per what the police told me, the applicant and my family. 4. That