State of Haryana v. Mr. Brijesh Sharma, AAG, Haryana

has been invoked for grant of regular bail to the petitioner in case FIR No. 317 dated 23.10.2024 under Sections 137(2), 96 of BNS, 2023 and Section 6 of the POCSO Act and Section 318 of BNS, 2023 (added later on), registered at Police Station Faridabad Old, District Faridabad.

The allegation against the petitioner is that he enticed away the prosecutrix, minor daughter of the complainant.

Learned counsel for the petitioner inter alia submits that the petitioner, aged 24 years, has been falsely implicated in this case by the complainant, who is the father of the prosecutrix. The petitioner and the prosecutrix met on Instagram and became friends. It is also submitted that the prosecutrix in her statement recorded under Section 183 of BNSS has specifically stated that when her parents started arranging her marriage with someone else, thereupon on 22nd October 2024, she had gone with the GURPREET SINGH 2026.05.05 17:26 I attest to the accuracy and integrity of this document Chandigarh petitioner to Dehradun and on 26th October 2024, they solemnized marriage CRM-M-24084-2026 -2- at Haridwar. In the said statement, the prosecutrix has not levelled any allegations against the petitioner. It is further submitted that the material witnesses i.e. the complainant and the prosecutrix, have been examined before the learned trial Court. However, they did not support the prosecution case and have turned hostile. Reliance in this regard has been placed on their respective depositions (Annexures P-3 and P-4). He further submits that the petitioner has undergone an actual custody of 01 year, 04 months and 01 day and there is no other criminal case registered against him.

Per contra, learned State counsel has vehemently opposed the submissions made by the learned counsel for the petitioner. He states that the petitioner was actively involved in the commission of the offence. He has filed custody certificate in Court today and the same is taken on record. As per custody certificate, the petitioner has undergone an actual custody of 01 year, 04 months and 01 day. The learned State counsel, on instructions from the investigating officer concerned, submits that in the present case, charges were framed on 15.5.2025 and out of total 26 prosecution witnesses, 03 have been examined till date. He submits that in view of the serious allegations against the petitioner, he is not entitled to the concession of regular bail.

Heard the rival submissions made by learned counsel for the parties.

Trite to say that at the stage of considering a petition seeking bail, the Court, though not required to make a roving inquiry into the evidence, must take into consideration the nature of the offence, severity of the punishment and prima facie, the involvement of the accused and the material on record.

Before proceeding, a gainful reference can be made to the GURPREET SINGH 2026.05.05 17:26 I attest to the accuracy and integrity of this document Chandigarh observations passed by the Hon'ble Supreme Court in Sanjay Chandra v. CRM-M-24084-2026 -3- CBI, (2012) 1 SCC 40, relevant paras whereof reads thus: "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty.

From the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great hardship. From time to time, necessity demands that some unconvicted persons should be held in custody pending trial to secure their attendance at the trial but in such cases, "necessity" is the operative test. In this country, it would be quite contrary to the concept of personal liberty enshrined in the Constitution that any person should be punished in respect of any matter, upon which, he has not been convicted or that in any circumstances, he should be deprived of his liberty upon only the belief that he will tamper with the witnesses if left at liberty, save in the most extraordinary circumstances. "

Reverting to the case in hand, it is borne out from the record that charges came to be framed on 15.5.2025. Yet, only 03 out of 26 cited prosecution witnesses have been examined. The pace of the proceedings, thus, indicates that the conclusion of trial is not imminent. The petitioner has already remained in actual custody for a period of 01 year, 04 months and 01 day. It is also not disputed that he has no criminal antecedents and is not involved in any other case.

While the truthfulness or otherwise of the allegations levelled against the petitioner, and the culpability, if any, would be tested and determined on the touchstone of evidence during the course of trial, the GURPREET SINGH 2026.05.05 17:26 I attest to the accuracy and integrity of this document Chandigarh parameters governing the grant of bail necessitate a balanced consideration CRM-M-24084-2026 -4- of the nature of accusation, the stage of the trial, the antecedents of the accused, and the likelihood of his/her absconding or influencing the course of justice.

Presently, no material has been placed on record to suggest that the petitioner poses a flight risk or that his release would impede the fair conduct of the trial. Moreover, it is noted that the material witnesses during the course of their examination before the trial Court, did not support the prosecution version and have been declared hostile. While it is settled that the probative value of such testimony is a matter for appreciation at the stage of final adjudication of the case, yet, even while refraining from entering into any conclusive evaluation thereof, this factum cannot be completely overlooked. Therefore, upon taking into account all the considerations stated hereinbefore, and without expressing an opinion on the merits of the case lest it may prejudice the trial, this Court is of the opinion that the continued detention of the petitioner, in the backdrop of the pace of the proceedings and the substantial period of incarceration already undergone, would not advance the cause of justice. The guarantee of personal liberty under Article 21 of the Constitution of India, which includes the right to a speedy trial, obliges the Court to ensure that pre-trial incarceration does not assume a punitive character. The prolonged incarceration, without the prospect of the trial being concluded in the near future, would also run contrary to the settled legal principle that ‘bail is the rule and jail is the exception’, as reaffirmed by the Hon’ble Supreme Court in Dataram Singh vs. State of Uttar Pradesh and another (2018) 3 SCC 22.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of bail before this Court.

It is reiterated that the observations made in hereinabove are only for the purpose of adjudicating the present bail petition, and must not be construed as a final expression of opinion on the merits of the case.

Pending miscellaneous application(s), if any, also stands disposed of. May 05th, 2026 Gurpreet Singh (KIRTI SINGH) JUDGE GURPREET SINGH 2026.05.05 17:26 I attest to the accuracy and integrity of this document Chandigarh Whether speaking/reasoned : : Whether reportable Yes/No Yes/No