RAJESH v. STATE OF HARYANA
Court: High Court of Punjab and Haryana
Bench: MS. JUSTICE SHALINI SINGH NAGPAL
Judgment date:
Case summary
High Court of Punjab and Haryana judgment dated 2025-08-20. RAJESH v. STATE OF HARYANA. Read the judgment and case details on LawSphereX.
Judgment text
208 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-41362-2025 (O&M) Date of Decision: 20. 08. 2025 RAJESH …Petitioner V/S STATE OF HARYANA …Respondent CORAM: HON’BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Dr. Jaiveer Singh Malik, Advocate Mr. S. S. Sangwan (Sumit), Advocate and Mr. Kender Mani, Advocate for the petitioner. Mr. Vishal Kashyap, Sr. DAG Haryana. **** SHALINI SINGH NAGPAL J. (Oral) In the first petition under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023, the prayer is for grant of regular bail to the petitioner in case bearing FIR No. 11 dated 03. 02. 2025 registered under Sections 137, 64(1), 96 of Bharatiya Nyaya Sanhita, 2023 and Section 4 of Protection of Children from Sexual Offences Act, 2012, Police Station Behal, District Bhiwani. The FIR was registered on the complaint of one ‘R’ resident of village ‘L’, who reported that he had five daughters and two sons. Three of his daughters were unmarried.
His minor daughter, 16 years 08 months old went missing from home and on inquiry, he learnt that she was induced away by Rajesh, resident of village-Pinjo Khara. Learned counsel for the petitioner inter alia argued that trial was in progress and prosecution had examined the child-victim as PW-4, who did not support the case and failed to identify the accused. He further submitted that even father of the prosecutrix did not support his CRM-M-41362-2025 (O&M) -2-initial version and resiled from the prosecution case. It was submitted that prosecutrix was 16 years and 08 months of age, whereas the petitioner was 20 years old. The trial of the case would take some time to conclude. It was, therefore, a fit case for release of the petitioner on bail. Per contra, learned State counsel argued that out of total 22 prosecution witnesses, 15 had already been examined and only 07 remained to be examined. It was pointed out that FSL report was incriminating, though the DNA report was yet awaited.
Thus, prayer was made for dismissal of the petition seeking grant of regular bail. Custody certificate dated 19. 08. 2025 as well as status report by way of affidavit of Aryan Chaudhary, Dy. S. P. Siwani, Bhiwani, Haryana has been filed by learned State counsel. Petitioner is in custody, in the case, for the last more than 06 months. He has no other criminal antecedents. Statements of the prosecutrix and her father have been recorded during the trial. There is now, no prospect of the petitioner influencing the witnesses. Considering the entire facts and circumstances of the case, but without commenting on merits, the present petition is allowed. Petitioner-Rajesh is ordered to be released on regular bail on his furnishing bail bonds and surety bonds to the satisfaction of trial Court/Duty Magistrate concerned. (SHALINI SINGH NAGPAL) 20. 08. 2025 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No
Source: High Court of Punjab and Haryana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.