CHANDIGARH vs State of Hary

Ms. Deepshikha Chauhan, AAG , AAG, Haryana. Mr. Shakti Singh, Advocate for ate for the complainant. NIDHI GUP I GUPTA, J.(ORAL) Memo of appearance filed on nt is ed on behalf of the complainant is taken on reco on record. Prayer in this 2nd petition filed filed under Section 439 Cr.P.C., is for grant of ant of regular bail to the petitioner itioner in case FIR No. 18 dated

14.01.2023 r 2023 registered under Sections 363, 3 201 363, 366A, 419, 465, 471 and 201 IPC and Sec nd Section 6 of the Protection of Ch of Children from Sexual Offences Act, 2012 at at Police Station Saran, District Fa trict Faridabad. The aforesaid FIR was registere gistered on the basis of a complaint moved by th by the father of the victim, which is r ch is reproduced as under:- “To Chowki In charge, Parvat stated that I am Anil, son of N no. 1452, Parvatiya Colony, s Sweet House, Faridabad. Sir, years, who studies in SDM Sch on 13.01.2023 at around 09.3 rvatriya Colony, Faridabad. It is of Nanak Singh, resident of house y, street no. 119 near Shri Ram m Sir, my daughter xxxx, aged 17 17 School, left home to go to school 09.30 am. She has not reached RISHU KATARIA 2024.07.12 18:28 I attest to the accuracy and authenticity of this order/judgment. (cid:1)(cid:2)(cid:3)(cid:4)(cid:3)(cid:4)(cid:5)(cid:6) (cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:4)(cid:10)(cid:9)(cid:10)(cid:11)(cid:12)(cid:12) (cid:4)(cid:10)(cid:4)(cid:12) (cid:12) (cid:12) (cid:12) (cid:12) (cid:12) (cid:12) school nor has she returne personally started searching fo Bharat aged 35 years old son village Mahachana, tehsil Pata is our relative, riding on his m E-2308, he induced my daugh with the intention of marriage. to lodge a missing report appearance of my daughter face, medium body and heigh going to school she was wea chocolate coloured pant and shoes in her feet. It is requeste searched by taking appropriate I urned home till now. When I g for my girl, I came to know that son of Ramchandra, resident of Pataudi, district Gurugram, who is motorcycle CT-100 No. HR-72- aughter xxxx and took her away ge. That’s why I have come today t of my daughter xxxx. The ter xxxx-fair complexion, round eight of about 5 feet and while wearing a red checkered shirt, , and black and while jacket and ested that my daughter should be riate action…..” Learned counsel for the petition etitioner, inter alia, submits that the allegations l tions levelled in the present FIR aga against the petitioner are utterly false, fabric fabricated and baseless. It is submi submitted that in actual fact, the complainant ainant side had borrowed an amoun mount of Rs.17,00,000/- from the petitioner an ner and when the petitioner had dem ney, d demanded back the said money, they register egistered the present FIR against the p st the petitioner. It is stated that the petitioner ha ner has no connection whatsoever wi ver with the incident of 13.01.2023 when the vic the victim went missing. In actual fa tual fact on the said dates i.e. from

14.01.2023 w 2023 when the victim went missing t ssing till 21.01.2023 when she was recovered, th red, the petitioner was on a pilgrima lgrimage with his wife. It is stated that the Aad e Aadhaar card of the wife of the petit e petitioner is on record of the hotel where the p the petitioner stayed during those d ose dates. It is vehemently denied that the peti e petitioner had anything to do with with the entire incident, let alone enticing or a g or abducting the victim/daughter of ter of the complainant. It is stated that even as p 023 as per MLR dated 21.01.2023 (Annexure P xure P-2), it has been opined that no at no sexual assault was committed upon the vic the victim. In fact, in the first instance nstance, samples were not collected from the vic he victim. Moreover, even as per the the statement of the victim dated RISHU KATARIA 2024.07.12 18:28 I attest to the accuracy and authenticity of this order/judgment. (cid:1)(cid:2)(cid:3)(cid:4)(cid:3)(cid:4)(cid:5)(cid:6) (cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:4)(cid:10)(cid:9)(cid:10)(cid:11)(cid:12)(cid:12) (cid:4)(cid:5)(cid:4)(cid:12) (cid:12) (cid:12) (cid:12) (cid:12) (cid:12) (cid:12)

22.01.2023 ( 2023 (Annexure P-3) recorded under under Section 164 Cr.P.C., (at page 31 of the pa the paper-book) she had stated that that ‘…My maternal uncle Bharat had taken m n me by misleading me. He did not not force himself upon me. He did not do any w ny wrong act with me. He had kept m ept me well. He did not hit me and neither do I do I want any action against him’ ’. Accordingly, it is submitted that the pe he petitioner has been falsely imp . implicated in the present case. Moreover, h ver, he has been in custody since 21.0 e 21.01.2023. Thus, it is prayed that the petitione titioner may be released on regular bai lar bail. No other argument is raised on ed on behalf of the petitioner. Per Contra, learned counsel ounsel for the State vehemently opposes the es the prayer for grant of regular bail ar bail to the petitioner and submits that at the tim the time of alleged occurrence the vic t 17 the victim was minor aged about 17 years. The The victim is a niece of the petitioner, s the tioner, inasmuch as, petitioner is the maternal un al uncle/Mama of the victim. On . On 21.1.2023, the victim was recovered fr red from the custody of the petitioner titioner, whereafter he was arrested. It is stated th ated that the victim was taken by the p y the petitioner to Gurugram, Jaipur and then to en to an Ashram in Vrindavan. From From the above statement of the victim at An Annexure P-3, it is evident that s that she was in the custody of the petitioner fro ner from 13.1.2023, till 21.1.2023. Ev 23. Even in her testimony the victim has fully sup lly supported the prosecution case. Ld Ld. State counsel further refers to the MLR MLR (Annexure P-8) wherein it has b t has been recorded that ‘no mark of external inju injury seen. ……… possibility of of sexual intercourse cannot be ruled out’. Further, learned State counsel su submits that the story put forth by the petiti petitioner that from 14.01.2023 when 3 when the victim went missing till

21.01.2023 i 2023 i.e. for about 07 days, the petiti petitioner along with his wife was RISHU KATARIA 2024.07.12 18:28 I attest to the accuracy and authenticity of this order/judgment. (cid:1)(cid:2)(cid:3)(cid:4)(cid:3)(cid:4)(cid:5)(cid:6) (cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:4)(cid:10)(cid:9)(cid:10)(cid:11)(cid:12)(cid:12) (cid:4)(cid:11)(cid:4)(cid:12) (cid:12) (cid:12) (cid:12) (cid:12) (cid:12) (cid:12) on pilgrimag grimage is utterly false, as a complain mplaint under the provisions of the Hindu Marri Marriage Act, 1955, was filed against gainst the petitioner by his wife. Learned counsel for the State State has filed custody certificate dated 10.07 .07.2024, which is taken on record record, as per which the petitioner has been in en in custody as an undertrial for a p for a period of 01 year, 05 months and 20 days days. On instructions from ASI Prem l for I Prem Chand, learned counsel for the State in ate informs that out of total 25 pro 01 25 prosecution witnesses, only 01 witness i.e. t s i.e. the victim has been examined so ned so far. I have heard learned counsel fo nsel for the parties. It may be pointed out that t that the learned trial Court vide impugned or ned order dated 24.05.2024 (Annexur nnexure P-12), while dismissing the 5th bail appl il application of the petitioner in para n para 9 thereof (at page 69 of the paper-book) book) reasoned as under:- s leveled against the petitioner- “9. ……..The allegations le accused are serious and specif pecific. The trial of the case is at initial stage and parents of th of the prosecutrix are yet to be t. Therefore, argument of learned examined before the Court. Th Public Prosecutor for the Sta State carries merit that if the ed on bail, then he may intimidate applicant/accused is released o is every trial. There the witnesses or hamper pplicant will tamper with the apprehension that the appli n bail. There is also a possibility evidence, if he is release on ba y abscond in order to evade trial that applicant-accused may ab o sness of charge against him. No keeping in view the seriousnes r the accused to file present bail fresh ground has arisen for th ssal of earlier bail application by application after the dismissal xcept increase in custody period the Hon’ble High Court excep xamined.” and prosecutrix has been exami Having heard learned counsel unsel for the parties, and without commenting enting on the merits of the case, ho , however, keeping in view the totality of th y of the facts and circumstances of th s of the present case; including the fact that per at perusal of custody certificate sho te shows that the petitioner is also RISHU KATARIA 2024.07.12 18:28 I attest to the accuracy and authenticity of this order/judgment. (cid:1)(cid:2)(cid:3)(cid:4)(cid:3)(cid:4)(cid:5)(cid:6) (cid:5)(cid:6)(cid:7)(cid:8)(cid:9)(cid:4)(cid:10)(cid:9)(cid:10)(cid:11)(cid:12)(cid:12) (cid:4)(cid:13)(cid:4)(cid:12) (cid:12) (cid:12) (cid:12) (cid:12) (cid:12) (cid:12) involved in ed in 03 more cases i.e. (i) FIR 019, FIR No. 364 dated 10.07.2019, registered u red under Sections 323, 506, 452 r C at 452 read with Section 34 IPC at Police Statio Station Sector 9A, Gurugram; (ii) Co (ii) Complaint No. 254/2023 under Section Hin n Hindu Marriage Act, pending adj ng adjudication before the learned Family Cour y Court, Hathin; and (iii) FIR No. 57 No. 57 dated 23.01.2023 registered under Sectio Sections 323, 365, 379-B, 506 read w read with Section 34 IPC at Police Station Secto n Sector 58, Faridabad; as also the fac i.e. fact that the material witness i.e. the complain mplainant is yet to be examined by t d by the learned trial Court, I find that no grou o ground is made out at this stage stage to grant regular bail to the petitioner. Accordingly, the present petition etition is dismissed. However, nothing stated here here-in-above shall be construed to be an expres expression of opinion on the merits of rits of the case. 2024

11.07.2024 ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned ned Yes/No Whether Reportable Yes/No RISHU KATARIA 2024.07.12 18:28 I attest to the accuracy and authenticity of this order/judgment.