16.09.2025 Satender @ Bablu Satender @ Bablu Haryana State of Haryana v. …
Case Details
- -1- CRM-M-16380 16380-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH (211) Date of Decision: CRM CRM-M-16380-2025 Date of Decision:- 16.09.2025 Satender @ Bablu Satender @ Bablu Haryana State of Haryana Versus ……Petitioner ……Petitioner ……Respondent ……Respondent CORAM:
Legal Reasoning
ALOK JAIN HON’BLE MR. JUSTICE ALOK JAIN **** Present: , Advocate for the petitioner. Mr. J.P. Jangu, Advocate for the petitioner. Ms. Akshita Chauhan, DAG, Haryana. Ms. Akshita Chauhan, DAG, Haryana Mr. Balvinder Sangwan, Advocate for , Advocate for complainant. ***** ALOK JAIN, J. (Oral) ALOK JAIN, J. (Oral) 1. petition has been filed seeking grant of The present second petition has been filed seeking grant of petition has been filed seeking grant of regular bail to the petitioner in FIR No. regular bail to the under petitioner in FIR No. 256 dated 04.07.2021 under Sections 363, 366 363, 366-A of IPC (Section 6 of , A of IPC (Section 6 of POCSO Act added later on), r Ballabhgarh, District Faridabad. registered at Police Station Sadar Ballabhgarh, District Faridabad registered at Police Station 2. Learned State Counsel has filed the custody certificate, which Learned State Counsel has filed the custody certificate, which Learned State Counsel has filed the custody certificate, which is taken on record. As per the certificate, the petitioner has been in custody is taken on record. As per the certificate, the petitioner has been in custody is taken on record. As per the certificate, the petitioner has been in custody is taken on record. As per the certificate, the petitioner has been in custody for 4 years, 1 month, and 10 days. The State Counsel submits that 6 out of for 4 years, 1 month, and 10 days. The State Counsel submits that 6 out of for 4 years, 1 month, and 10 days. The State Counsel submits that 6 out of for 4 years, 1 month, and 10 days. The State Counsel submits that 6 out of 19 witnesses, including the prosecutrix and the complainant, have been 19 witnesses, including the prosecutrix and the complainant, have been 19 witnesses, including the prosecutrix and the complainant, have been 19 witnesses, including the prosecutrix and the complainant, have been examined. MANJU 2025.09.16 16:53 I agree to specified portions of this document - -2- CRM-M-16380 16380-2025 3. At this stage, Mr. Balvinder Sangwan, Advocate has put in At this stage, Mr. Balvinder Sangwan, Advocate has put in At this stage, Mr. Balvinder Sangwan, Advocate has put in memorandum of appearance on behalf of the complainant and filed memorandum of appearance on behalf of the complainant and filed appearance on behalf of the complainant and filed appearance bmits that the petitioner , which is taken on record. Counsel submits that the petitioner , which is taken on record. Counsel su has committed the heinous crime and the petitioner should not be granted has committed the heinous crime and the petitioner should not be granted has committed the heinous crime and the petitioner should not be granted has committed the heinous crime and the petitioner should not be granted the concession of regular bail. However, learned counsel for the petitioner the concession of regular bail. However, learned counsel for the petitioner the concession of regular bail. However, learned counsel for the petitioner the concession of regular bail. However, learned counsel for the petitioner has pointed out that in the testimony of the prosecutrix especially in the has pointed out that in the testimony of the prosecutrix especially in the has pointed out that in the testimony of the prosecutrix especially in the has pointed out that in the testimony of the prosecutrix especially in the examination, the prosecutrix admits that she had given the Aadhaar cross-examination, the prosecutrix admits that she had given the Aadhaar examination, the prosecutrix admits that she had given the Aadhaar examination, the prosecutrix admits that she had given the Aadhaar Card with wrong date of birth to the petitioner and the same was prepared Card with wrong date of birth to the petitioner and the same was prepared Card with wrong date of birth to the petitioner and the same was prepared Card with wrong date of birth to the petitioner and the same was prepared by her at the Aadhaar Centre near the school. by her at the Aadhaar Centre near the school. by her at the Aadhaar Centre near the school. 4. e After hearing learned counsel for the parties and considering the After hearing learned counsel for the parties and considering th fact that the petitioner is in custody since the petitioner is in custody since 06.08.2021 trial is likely to 06.08.2021 and the trial is likely to , no useful purpose would be served by keeping the take long time, hence, no useful purpose would be served by keeping the , no useful purpose would be served by keeping the take long time petitioner in custody. petitioner in custody. 5. Without commenting upon the merits, the present petition is Without commenting upon the merits, the present petition is Without commenting upon the merits, the present petition is allowed and the petitioner is ordered to be released on bail allowed and , if not required in the petitioner is ordered to be released on bail, if not required in any other case, subject to furnishing of bail any other case, subject to to the bail bonds and surety bonds to the shall, satisfaction of the trial Court/Duty Magistrate, concerned. He/she shall, satisfaction of the trial Court/Duty Magistrate, concerned. He satisfaction of the trial Court/Duty Magistrate, concerned. He however, be released on the following conditions: however, be released on the following conditions: however, be released on the following conditions: i. The petitioner shall declare his ordinary place of residence The petitioner shall declare his/her ordinary place of residence and the mobile number used by him/her. and the mobile number used by him ii. The petitioner will not switch off his mobile and in case of will not switch off his/her mobile and in case of has to give an alternate number, any technical glitch, he/she has to give an alternate number, has to give an alternate number, which will be available in his absence. which will be available in his absence. iii. The petitioner will mark his/her presence before the SHO /her presence before the SHO concerned, after every 15 days and in case the SHO refuses to concerned, after every 15 days and in case the SHO refuses to concerned, after every 15 days and in case the SHO refuses to mark his/her presence, he/she is permitted to make an applicati on is permitted to make an application MANJU 2025.09.16 16:53 I agree to specified portions of this document - -3- CRM-M-16380 16380-2025 before the Illaqa Magistrate, concerned. before the Illaqa Magistrate, concerned. iv. will not leave the country without the prior The petitioner will not leave the country without the prior will not leave the country without the prior will submit the copy of permission of the Court, for which he/she will submit the copy of permission of the Court, for which he However, in case, the petitioner does not his/her passport also. However, in case, the petitioner does not However, in case, the petitioner does not then he/she shall file an undertaking to the possess a passport, then he/she shall file an undertaking to the then he/she shall file an undertaking to the said effect from being released. 6. The petitioner shall abide by the terms and conditions as The petitioner shall abide by the terms and conditions as The petitioner shall abide by the terms and conditions as imposed in addition to Section 483 of BNSS, 2023 imposed in addition to Section BNSS, 2023. 7. However, nothing stated above shall be construed as a final However, nothing stated above shall be construed as a final However, nothing stated above shall be construed as a final pression of opinion on the merits of the case and this order shall not be expression of opinion on the merits of the case and this order shall not be pression of opinion on the merits of the case and this order shall not be pression of opinion on the merits of the case and this order shall not be accused in any manner whatsoever. considered as parity qua any other co-accused in any manner whatsoever. considered as parity 8. involved in It is made clear that, in case, the petitioner is found involved in It is made clear that, in case, the petitioner any such activity once again, the present concession granted shall any such activity once again, the present concession granted shall any such activity once again, the present concession granted shall any such activity once again, the present concession granted shall automatically stand vacated. automatically stand vacated. September 16, 2025 September 1 manju Whether speaking/reasoned: Whether speaking/reasoned:- Whether Reportable:- Whether Reportable: Yes/No Yes/No (ALOK JAIN) JUDGE MANJU 2025.09.16 16:53 I agree to specified portions of this document