STATE OF HARYANA AND ANOTHER v. KIRTI SINGH

AG, Haryana. Mr. Brijesh Sharma, AAG, Haryana. KIRTI SINGH, J. (ORAL) KIRTI SINGH

1. Prayer in the present petition filed under Section 483 of Prayer in the present petition filed under Section 483 of Prayer in the present petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (for short Bharatiya Nagarik Suraks or grant of ha Sanhita (for short- ‘BNSS’), is for grant of regular bail to the petitioner, in case FIR No. regular bail to , under the petitioner, in case FIR No.292 dated 23.12.2025, under 137, 96, 140(3), 75(2) of BNS, 2023 and Section 8 of the POCSO, Sections 137, 96, 140(3), 75(2) of BNS, 2023 and Section 8 of the POCSO, 137, 96, 140(3), 75(2) of BNS, 2023 and Section 8 of the POCSO, 137, 96, 140(3), 75(2) of BNS, 2023 and Section 8 of the POCSO, registered at Police Station Bhiwani Civil Lines, District registered at Police Station Haryana. Bhiwani Civil Lines, District Bhiwani, Haryana

2. The contents of the FIR are reproduced below: reproduced below:- “It is submitted that I, , Advocate, wife of Sombir, resident of It is submitted that I, xxxx, Advocate, wife of Sombir, resident of House No. 1097, Sector 13, Bhiwani. I had given a complaint a few days earlier House No. 1097, Sector 13, Bhiwani. I had given a complaint a few days earlier House No. 1097, Sector 13, Bhiwani. I had given a complaint a few days earlier against one boy Harsh son of Neeraj, presently resident of Shastri Marg, against one boy Harsh son of Neeraj, presently resident of Shastri Marg, Vidyanagar. The same boy today morning at about 4 o'clock took away my Vidyanagar. The same boy today morning at about 4 o'clock took away my Vidyanagar. The same boy today morning at about 4 o'clock took away my , aged 14 years, from my father's house No. 2444, Sector 13, , aged 14 years, from my father's house No. 2444, Sector 13, daughter xxxx, aged 14 years, from my father's house No. 2444, Sector 13, Bhiwani, by luring/alluring her away from home, and he has taken my girl xxx in Bhiwani, by luring/alluring her away from home, and he has taken my girl xx Maruti Brezza No. DL 11 CF 7383, silver colour. I apprehend danger to the Maruti Brezza No. DL 11 CF 7383, silver colour. I apprehend danger to the Maruti Brezza No. DL 11 CF 7383, silver colour. I apprehend danger to the honour and life of my daughter. Kindly strictest possible action be taken under honour and life of my daughter. Kindly strictest possible action be taken under honour and life of my daughter. Kindly strictest possible action be taken under A, POCSO Act). The number of that the appropriate sections of IPC (363, 366-A, POCSO Act). The number of that the appropriate sections of IPC (363, 366 boy Harsh son of Neeraj is 08684972301, and the number of his uncle is aj is 08684972301, and the number of his uncle is aj is 08684972301, and the number of his uncle is 9050xxx. His parents support him and give him money and vehicle for aimless . His parents support him and give him money and vehicle for aimless . His parents support him and give him money and vehicle for aimless xxxx. I roaming. I apprehend danger to the honour and life of my daughter xxxx roaming. I apprehend danger to the honour and life of my daughter . Kindly action be apprehend danger to the honour and life of my daughter xxx. Kindly action be apprehend danger to the honour and life of my daughter taken as early as possible and the strictest possible action be taken." taken as early as possible and the strictest possible action be taken. CRM-M- -18783-2026 (O&M) -2-

3. submits that the Learned counsel for the petitioner inter alia submits that the Learned counsel for the petitioner been falsely implicated in the present case petitioner, now aged 19 years, has been falsely implicated in the present case been falsely implicated in the present case petitioner It is submitted that he complaint made by the mother of the prosecutrix. It is submitted that he complaint made by the mother of the prosecutrix on the complaint made by the mother of the prosecutrix the prosecutrix prosecutrix, age of whom is a disputed question of fact, well- is a disputed question of fact, was well acquainted with the petitioner. Moreove acquainted with er, there is no cogent evidence record to substantiate the allegations leve In fact, elled against the petitioner. In fact, the prosecutrix in her statement recorded under Section 183 BNSS, the prosecutrix in her statement recorded under Section 183 BNSS, had categorically stated that the petitioner had not committed any wrong acts categorically stated that the petitioner had not committed any wrong acts categorically stated that the petitioner had not committed any wrong acts categorically stated that the petitioner had not committed any wrong acts with her. It is submitted that the petitioner has with her. already undergone an actual he petitioner has already undergone an actual custody of 05 months, 02 days. custody of 0

4. Per contra, learned State counsel vehemently opposed the learned State counsel has vehemently opposed the Learned State submissions made by the learned counsel for the petitioner. Learned State submissions made by the learned counsel f submissions made by the learned counsel f counsel, upon instructions from , upon instructions from the Investigating Officer con the Investigating Officer concerned, state states actively involved in the commission of the offence. that the petitioner was actively involved in the commission of the offence. actively involved in the commission of the offence. that the petitioner has filed custody certificate in Court today and the same is taken o has filed custody certificate in Court today and the same He has filed custody certificate in Court today and the same taken on undergone an actual record. As per custody certificate, the petitioner has undergone an actual record. As per custody certificate, the petitioner ha record. As per custody certificate, the petitioner ha custody of 05 months, 02 days. Investigation is complete. custody of submits that . Investigation is complete. He submits that prosecution were framed on 24.03.2026, and out of a total of 22 prosecution were framed on 24.03.2026, and o charges were framed on 24.03.2026, and o witnesses, two have been examined. He also submits that there is one witnesses, He also submits that there is one other case bearing FIR No.296/2024 bearing FIR No.296/2024, registered against the petitioner in which he registered against the petitioner, in which he is on bail. is on bail.

5. Heard the rival submissions made by learned counsel for the Heard the rival submissions made by learned counsel for the Heard the rival submissions made by learned counsel for the parties. CRM-M- -18783-2026 (O&M) -3-

6. Before proceeding, a gainful reference can be made to the Before proceeding, a gainful reference can be made to the Before proceeding, a gainful reference can be made to the Sanjay Chandra v. observations passed by the Hon'ble Supreme Court in Sanjay Chandra v. observations passed by the Hon'ble Supreme Court in observations passed by the Hon'ble Supreme Court in