IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 09.03.2026 MANJEET SINGH BRAR ......Petitioner Versus STATE OF HARYANA AND ANOTHER .....Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Samay Singh Sandhawalia, Advocate for the petitioner.

Mr. Anmol Malik, DAG, Haryana.

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KIRTI SINGH , J. (ORAL)

1. The jurisdiction of this Court under Section 483 BNSS has been invoked for grant of regular bail to the petitioner in case FIR No.37 dated 13.09.2024 under Sections 127(2), 351(3) and 75(2) of BNS and Sections 8 and 10 of POCSO Act, registered at Women Police Station Dabwali, Sirsa, District Dabwali.

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

“xxxx DO Lekhraj RO Bajeka Tehsil Sirsa Distt Sirsa aged about 16 Years Mno 98129xxxxx stated that I am resident of above said address and is student of 12 Class I am studying in Govt Senior Secondary Smart School Badal Pb and is a student of Athletics with SAI Sports Authority of India at Badal I am residing there in Hostel for the last One Year and Three Months I have to participate in the North Zone Games at Jind Pandu pitara from 11.09.2024 to 13.09.2024 so in the morning of 09.09.2024 I was relieved from the Hostel for the game and I went to Manjeet Singh Brar who is my Coach to get his signatures on my relieve application then he said that I am to my house and that he was also going towards Dabwali and he would leave her at Bus Stand Dabwali but I refused and stated that I would go by Bus When I reached at the gate of the Hostel then Manjeet Singh Coach again met me in his Grey Color car and he again stated that he would leave me as he was going Then I sat in his vehicle On reaching Dabwali Sir asked me that let us take Coffee but I refused and stated that I will get late Then Sir told me that we will go in the Cafe near the Bus Stand At about 11:45 AM we reached at Taj Cafe and he took me at Second Floor of Cafe where Wooden Cabins were there. He asked me to sit in the Cabin and I went in the Cabin then Sir also followed me in the said Cabin and locked the Cabin from inside I asked him that why he had locked the Cabin then he stated that he liked me since long and wanted to have Friendship with me Then he forcibly rotated his hand on the Face and Waist I forcibly pushed him and opened the Cabin and came down after opening the Cabin Sir also followed me and came down I told him to handover my luggage to me then he refused and asked me that he would drop me at Bus Stand Thereafter in the vehicle the Sir threatened me that if I told about it to anyone then he would get me shunt out from SAI Centre and would also spoil my game Out of Page 81 fear I did not tell anything to any body. On 10.09.2024 I went to play at Jind Pandupitara and returned on 12.09.2024 after winning the Silver Medal in Long Jump After coming to house I narrated the incident to my Elder Sister xxxx then my Sister informed my Father in the night when my father came back home I have come along with my father at Women Police Station Dabwali After taking legal action against Manjeet Singh Brar Coach Athletics SAI Centre Badal justice be done to me Sd xxxxx Lekhraj xxxxx.”

3. Learned counsel for the petitioner inter alia submits that the petitioner has been falsely implicated in the instant FIR prosecutrix on the statement of the prosecutrix, wherein she alleged that the petitioner, tried to molest her. It is submitted that the false and baseless allegations have been levelled against the petitioner. As per the statement of the prosecutrix, she was allegedly molested by the petitioner in a cabin situated on the second floor of the Cafe, but as per the statement of the PW-2 (owner of the Taj Cafe), annexed at Annexure P-3, there is sitting space for public only on ground floor, and that no such cabins are there on the top floor(s). It is further contended that there is also an unexplained delay of about 4 days in the registration of the FIR. The material witnesses stand examined