ANUJ v. STATE OF HARYANA

Mr. Anil Kumar Rana, Advocate Advocate for the petitioner. Brijesh Sharma, AAG, 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 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.128 dated 13.03.2025, under Section 365 IPC (Section 140(3) of BNS) Section 365 IPC and Section 6 of the POCSO of BNS) and Section 6 of the POCSO Act,2012, , registered at Police Station Mujessar Faridabad, Haryana. Mujessar, District Faridabad, Haryana.

2. The contents of the FIR are reproduced below: reproduced below:- “1, Surendra Thakur, son of Hasai Thakur, resident of 1, Surendra Thakur, son of Hasai Thakur, resident of 1, Surendra Thakur, son of Hasai Thakur, resident of village Sitaruba, District Bhojpur (Bihar), and current tenant of village Sitaruba, District Bhojpur (Bihar), and current tenant of "Panditji" in Subhash Nagar, Old Press Colony, Faridabad, state as "Panditji" in Subhash Nagar, Old Press Colony, Faridabad, state as "Panditji" in Subhash Nagar, Old Press Colony, Faridabad, state as follows:l am married and have four children (three daughters and follows:l am married and have four children (three daughters and follows:l am married and have four children (three daughters and one son). My eldest daughter, xxxx , aged approximately 16 years, left xxxx, aged approximately 16 years, left home on 15/02/2025 without informing anyone. She is a student of home on 15/02/2025 without informing anyone. She is a student of home on 15/02/2025 without informing anyone. She is a student of Class 10 at a Government School. At the time of her disappearance, Class 10 at a Government School. At the time of her disappearance, Class 10 at a Government School. At the time of her disappearance, xxxx: she was wearing her school uniform. Physical Description of xxxx she was wearing her school uniform. Physical Description of Oval/Long Build: Slim Height: 4'8" Since Complexion: Dark Face: Oval/Long Build: Slim Height: 4'8" Since Oval/Long Build: Slim Height: 4'8" Since her disappearance, I received one phone call from her stating that her disappearance, I received one phone call from her stating that her disappearance, I received one phone call from her stating that she would return home soon, but she has not returned yet. We have she would return home soon, but she has not returned yet. We have she would return home soon, but she has not returned yet. We have searched for her extensively on our own, but no clue to her searched for her extensively on our own, but no clue to her searched for her extensively on our own, but no clue to her found. 1 earnestly request the police found. 1 earnestly request the police whereabouts has been found. 1 earnestly request the police department to help search for my daughter. I shall be deeply grateful department to help search for my daughter. I shall be deeply grateful department to help search for my daughter. I shall be deeply grateful for your assistance.SD/- Surendra Thakur (Applicant) Surendra Thakur (Applicant)” SWARNJIT SINGH 2026.05.06 18:10 I attest to the accuracy and integrity of this document CRM-M- -24331-2026 (O&M) -2-

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 petitioner has been false , which was initially ly implicated in the present case, which was initially registered as a missing complainant filed by the father of the prosecutrix. It registered as a missing complainant filed by the father of the prosecutrix registered as a missing complainant filed by the father of the prosecutrix registered as a missing complainant filed by the father of the prosecutrix is submitted that the petitioner has been nominated as an accused due to his is submitted that the petitioner has been nominated as an accused due to his is submitted that the petitioner has been nominated as an accused due to his is submitted that the petitioner has been nominated as an accused due to his acquaintance with the prosecutrix, age of who acquaintance m is a disputed question of with the prosecutrix, age of whom is a disputed question of Moreover, the prosecutrix had voluntarily left her home, and there was fact. Moreover, the prosecutrix had voluntarily left her home, and there was Moreover, the prosecutrix had voluntarily left her home, and there was Moreover, the prosecutrix had voluntarily left her home, and there was no threat, inducement or coercion by the petitioner in that regard. It is further no threat, inducement or coercion by the petitioner in that regard. It is further no threat, inducement or coercion by the petitioner in that regard. It is further no threat, inducement or coercion by the petitioner in that regard. It is further submitted that there is no evidence on record, medical or otherwise, to submitted that there is no evidence on record, medical or otherwise, submitted that there is no evidence on record, medical or otherwise, submitted that there is no evidence on record, medical or otherwise, substantiate the allegations levelled against the petitioner. substantiate A bare perusal of levelled against the petitioner. A bare perusal of the testimony of the prosecutrix recorded before the learned trial Court the testimony of the prosecutrix recorded before the learned trial Court the testimony of the prosecutrix recorded before the learned trial Court the testimony of the prosecutrix recorded before the learned trial Court further reveals that no overt allegations have been levelled against the further reveals that no overt allegations have been levelled against the further reveals that no overt allegations have been levelled against the further reveals that no overt allegations have been levelled against the he categoric admission of the prosecutrix that the petitioner. Rather, it is the categoric admission of the prosecutrix that the he categoric admission of the prosecutrix that the petitioner. Rather, it is t petitioner was not aware of the age of the prosecutrix, and that he had been petitioner was not aware of the age of the prosecutrix, and that he had been petitioner was not aware of the age of the prosecutrix, and that he had been petitioner was not aware of the age of the prosecutrix, and that he had been Reliance in this regard implicated due to the pressure exerted by her family. Reliance in this regard implicated due to the pressure exerted by her family. implicated due to the pressure exerted by her family. is placed on Annexure P-6. Learned counsel submits is placed on Learned counsel submits that the now 22 year old petitioner has already undergone an actual custody of 01 year and 29 old petitioner has already undergone an actual custody of 01 year and old petitioner has already undergone an actual custody of 01 year and old petitioner has already undergone an actual custody of 01 year and days and has clean antecedents. days and has clean antecedents.

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. instructions from the Investigating Officer concerned instructions from that the Investigating Officer concerned, states that the Learned petitioner was actively involved in the commission of the offence. Learned petitioner was actively involved in the commission of the offence. petitioner was actively involved in the commission of the offence. has filed custody certificate in Court today and the same is has filed custody certificate in Court today and the same State counsel has filed custody certificate in Court today and the same State counsel tody certificate, the petitioner has undergone an taken on record. As per custody certificate, the petitioner has undergone an tody certificate, the petitioner has undergone an taken on record. As per cus actual custody of 01 year and 29 days. Investigation is complete. actual custody of . Investigation is complete. He also SWARNJIT SINGH 2026.05.06 18:10 I attest to the accuracy and integrity of this document submits that the charges have been framed submits that t out of a total framed on 26.09.2025 and out of a total CRM-M- -24331-2026 (O&M) -3- of 18 prosecution witnesses, prosecution witnesses, only the prosecutrix the prosecutrix has been examined.

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.

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 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 Sanjay Chandra v.