CRM-M v. STATE OF OF HARYANA

Judgment

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 or grant of Bharatiya Nagarik Suraksha Sanhita (for short- ‘BNSS’), is for grant of Bharatiya Nagarik Suraksha Sanhita (for short Bharatiya Nagarik Suraksha Sanhita (for short

regular bail to the petitioner, in case FIR No. regular bail to , under the petitioner, in case FIR No.238 dated 15.04.2025, under Sections 127(6) of BNS, 2023 (Section 346 IPC 1860), (later on chal presented d under Section 6 of POCSO A Act, 2012 and 127(4), 137(2), 87, 64(2), 65 5(1) of BNS, 2023 (Sections 3 344, 363, 366,376(2), 376(3) IP PC, 1860), registered at Police Station registered at Police Station Sector 1 10, Gurugram, Haryana.

2. The contents of the FIR are reproduced below: reproduced below:- To, The Station House Officer, Police Station Sector-10, To, The Station House Officer, Police Station Sector “To, The Station House Officer, Police Station Sector Sir. It is submitted that I, Sanjay Dubey, son of Rajender Dubey, resident of y Dubey, son of Rajender Dubey, resident of y Dubey, son of Rajender Dubey, resident of Village Navtan Dubey Tolla, Police Station Marhovara, District Chappra, Village Navtan Dubey Tolla, Police Station Marhovara, District Chappra, Village Navtan Dubey Tolla, Police Station Marhovara, District Chappra, Saran Vihar, presently residing at House No 73, Gali No an auto 2, Shakti Saran Vihar, presently residing at House No 73, Gali No an auto 2, Shakti Saran Vihar, presently residing at House No 73, Gali No an auto 2, Shakti Park, Gurugram. I work as driver. I have two sons and one daughter Park, Gurugram. I work as driver. I have two sons and one daughter Park, Gurugram. I work as driver. I have two sons and one daughter namely xxxx, aged about 16 years and she has taken the exams of 10th , aged about 16 years and she has taken the exams of 10th , aged about 16 years and she has taken the exams of 10th grade. On 14.04.2025 at about 10 AM, my daughter left the house without grade. On 14.04.2025 at about 10 AM, my daughter left the house without grade. On 14.04.2025 at about 10 AM, my daughter left the house without she took around Rs 60000/- informing anyone and while leaving the house she took around Rs 60000/ informing anyone and while leaving the house along with some gold items. My daughter i s of wheatish complexion, about along with some gold items. My daughter is of wheatish complexion, about 4 feet 6 inches tall, slim body, long face and a cut mark on left check. 4 feet 6 inches tall, slim body, long face and a cut mark on left check. 4 feet 6 inches tall, slim body, long face and a cut mark on left check. While leaving she was wearing white frock and sandals. I was searching While leaving she was wearing white frock and sandals. I was searching While leaving she was wearing white frock and sandals. I was searching for her a at my own level but could not find her. Request to scribe a for her a at my own level but could not find her. Request to scribe a for her a at my own level but could not find her. Request to scribe a CRM-M M-20527-2026 (O&M) -2- missing report of my daughter and she be searched. S/D Sanjay Dubey. ” port of my daughter and she be searched. S/D Sanjay Dubey.”

3. submits that the Learned counsel for the petitioner inter alia submits that the Learned counsel for the petitioner petitioner has been falsely implicated in the present case which was initia petitioner has been falsely implicated in the present case petitioner has been falsely implicated in the present case lodged as s a missing complaint, on the st tatement made by the father of prosecutri ix. It is the foremost submission that the age of the prosecutrix is s of disputed q question of fact, and that she wa as in fact a major when she left house on her own free will. It is submitt ted that being well acquainted with the petitioner petitioner, the prosecutrix voluntarily voluntarily solemnized marriage with him m on

25.04.202

25. In support of this submiss sion, learned counsel has plac reliance o on the marriage certificate anne exed at Annexure P-2. It is furt submitted that there is no evidence on submitted that n record to establish the alleg offences against the petitioner. Even th he material witnesses, who sta examined d before the learned Trial Court have not supported the case of prosecutio on and have turned hostile. year old It is submitted that 27 year old petitioner has already undergone an actual custody of 11 months and petitioner has already undergone an actual custody of petitioner has already undergone an actual custody of months and 09 days. The ere is no other case registered against against him.

4. Per contra, learned State counsel vehemently opposed the learned State counsel has vehemently opposed the , upon submissions made by the learned counsel for the petitioner. He, upon submissions made by the learned counsel for the petitioner. submissions made by the learned counsel for the petitioner. that the petitioner was actively involved in the instructions, states that the petitioner was actively involved in the that the petitioner was actively involved in the instructions commission of the offence. Learned State counsel commission of the offence. has filed custody Learned State counsel has filed custody certificate in Court today and the same is certificate in Court today and the same taken on record. As per custody is taken on record. As per custody months and certificate, the petitioner has undergone an actual custody of 11 months and certificate, the petitioner has undergone an actual custody of certificate, the petitioner has undergone an actual custody of 09 days. Investigation is complete. . Investigation is complete. He also also submits that the charges have been framed framed on 25.08.2025 and out of a total of out of a total of 21 prosecution witnesses, prosecution witnesses, 05 CRM-M M-20527-2026 (O&M) -3- been examined. have been examined.

5. Mr. Manish Dhankhar, Advo ocate has filed his vakalatnama behalf of the complainant and has not di isputed the averments made by learned counsel counsel for the petitioner.

6. 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.

7. 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