ROBIN @ RUBY @ RUBIN KUMAR ROBIN @ RUBY @ RUBIN KUMAR v. STATE OF HARYANA STATE OF HARYANA
Case Details
CRM-M-33429 33429-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA 219 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH -M-33429-2025 CRM- Date of Decision: 11.11.2025 Date of Decision: ROBIN @ RUBY @ RUBIN KUMAR ROBIN @ RUBY @ RUBIN KUMAR …Petitioner Versus STATE OF HARYANA STATE OF HARYANA …Respondent CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present:-
Legal Reasoning
Mr. Namit Khurana, Advocate for the petitioner. Mr. Pawan Kumar Jhanda, Sr. D Sr. DAG, Haryana. SANJAY VASHISTH, J.(Oral) SANJAY VASHISTH 1. The instant petition has been filed under Section 483 of The instant petition has been filed under BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a the petitioner, during the pendency of trial, who has been booked in a the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed criminal case arising out of First Information Report, as detailed criminal case arising out of First Information Report, as detailed hereunder:- Name of Petitioner(s) Petitioner(s FIR No. 10 ROBIN @ RUBY @ RUBIN KUMAR Date Section(s) Police Station District 19.01.2025 137(2), 96, 137(2), 96, Chhachhrauli Yamuna 61(2) of BNS Nagar, Haryana 2. Learned counsel for the petitioner contends that FIR is Learned counsel for the petitioner contends that got registered at the instance of complainant-Rajesh Kumar who is got registered at the instance of complainant got registered at the instance of complainant father of the minor girl (victim) alleging therein that his minor father of the minor girl (victim) alleging therein that his minor father of the minor girl (victim) alleging therein that his minor daughter has disappeared from the home on 19.01.2025 daughter has disappeared from the on 19.01.2025 at around HIMANSHU 2025.11.13 10:20 I attest to the accuracy and integrity of this document CRM-M-33429 33429-2025 -2- 10:00 AM and further suspected and further suspected that it is the petitioner the petitioner only, who has taken away his daughter. After registration of the FIR on 19.01.2025, taken away his daughter. After registration of the FIR on 19.01.2025, taken away his daughter. After registration of the FIR on 19.01.2025, victim was recovered and thereupon statement under Section 183 of victim was recovered and thereupon statement under Section 183 of victim was recovered and thereupon statement under Section 183 of BNSS was recorded on 01.04.2025 before learned JMIC, Bilaspur BNSS was recorded on 01.04.2025 before learned JMIC, BNSS was recorded on 01.04.2025 before learned JMIC, (YNR). The said statement reads as under;- (YNR). The said statement reads as under; the hands of my the hands of my “ Q. what is your name? what is your name? My name is Sakshi. A. My name is Sakshi. Are you not under pressure of Q. Are you not under pressure of anyone? A. No. What have you to say/ Q. What have you to say/ A. On 19.01.2025, I had gone with a boy On 19.01.2025, I had gone with a boy namely Robin with my own free will. I like namely Robin with my own free will. I like that boy, but my family members do not like that boy, but my family members do not like him. As and when I used to send message him. As and when I used to send message and make phone call to Robin, they used to and make phone call to Robin, they used to beat me and used to kill me. I, feeling beat me and used to kill me. I, feeling family at harassed at family members, had gone with Robin. One day my members, had gone with Robin. One day my family members had also beaten me and family members had also beaten me and Robin. I want to live with Robin only and do Robin. I want to live with Robin only and do not want to go at my home. Either my not want to go at my home. Either my family members will kill me or I myself will family members will kill me or I myself will die. No legal action may be taken against die. No legal action may Robin. All false crimes have been levelled Robin. All false crimes have been levelled against him. I have to live with Robin only against him. I have to live with Robin only in relation. Do you want to say anything else? Q. Do you want to say anything else? A. No. RO&AC Sd/- Sakshi Judicial Magistrate 1st Class Judicial Magistrate 1 Sd/- Karamvir Singh BILASPUR (YNR)” Thus, learned counsel for the petitioner argues that no Thus, learned counsel for the petitioner argues that no offence under Section 96 BNS even is made out offence under Section 96 even is made out, because as per the statement under Section 183 BNSS, having been recorded before the statement under Section 183 BNSS, having been recorded before the statement under Section 183 BNSS, having been recorded before the such allegation leveled by learned Judicial Magistrate, there is no such allegation leveled by learned Judicial Magistrate, there is no victim that she was forcibly taken by the petitioner or any allurement victim that she was forcibly taken by the petitioner victim that she was forcibly taken by the petitioner illicit physical relationship. etc. was done for the purpose of having illicit physical relationship. etc. was done for the purpose of HIMANSHU 2025.11.13 10:20 I attest to the accuracy and integrity of this document CRM-M-33429 33429-2025 -3- Therefore, prosecution cannot draw any benefit by alleging that the refore, prosecution cannot draw any benefit by alleging that the victim who joined the company of the petitioner victim who joined the company of the petitioner without permission of the lawful guardian would amount to of the lawful guardian to kidnapping of minor. Moreover, victim girl has not attained the age of majority and same Moreover, victim girl has not attained the age of majority and Moreover, victim girl has not attained the age of majority and would be free to depose before the Court as and when the stage would would be free to depose before the Court as and when the stage would would be free to depose before the Court as and when the stage would ore the trial Court. arrive before the trial Court. Learned counsel for the petitioner for the petitioner further argues that the victim girl has not been medically examined in the present case, as victim girl has not been medically examined in the present case victim girl has not been medically examined in the present case she herself clearly denied for any such examination. It is also argued she herself clearly denied for any such examination. It is also argue she herself clearly denied for any such examination. It is also argue that since victim girl had joined own her own the company of that since victim girl had joined own her that since victim girl had joined own her petitioner, it is unbecoming for any person to doubt the age of any petitioner, it is unbecoming for any person to doubt the age of any petitioner, it is unbecoming for any person to doubt the age of any including the girl that she would be the minor, unless it is person, including the girl that she would be the minor, unless it is including the girl that she would be the minor, unless it is specifically pointed out by such victim girl while runnin specifically pointed out by such victim girl while running/eloping with the boy, , such as in the present case. Another aspect cannot be left un-noticed is that petitioner Another aspect cannot be left un and the victim girl are staying in the same locality (as confirmed by and the victim girl are staying in the same locality (as confirmed by and the victim girl are staying in the same locality (as confirmed by learned State counsel also) and apart petitioner being 23 years of age, learned State counsel also) and apart petitioner being 23 years of age, learned State counsel also) and apart petitioner being 23 years of age, victim girl is more than of the age of 17 years and now has attained victim girl is more than of the age of 17 years and now has victim girl is more than of the age of 17 years and now has the age of majority also. Petitioner is inside the jail since 02 April majority also. Petitioner is inside the jail since 02 April 2025 and seeking concession for regular bail. 2025 and seeking concession for regular bail. 2025 and seeking concession for regular bail. 3. On the other hand, learned State counsel submits that On the other hand, learned State cou petitioner had kidnapped a minor girl who petitioner had who is yet to be examined before the Court. However, the Court. However, he does not denied that the victim girl does not denied that the victim girl has now attained the age of majority and is presently staying with her attained the age of majority and is presently staying with her parents. Complainant Rajesh Kumar has already been examined in the parents. Complainant Rajesh Kumar has already been examined in the parents. Complainant Rajesh Kumar has already been examined in the Additionally, learned Sr.DAG, Haryana also confirms the fact Court. Additionally, learned Sr.DAG, Haryana also confirms the fact Additionally, learned Sr.DAG, Haryana also confirms the fact HIMANSHU 2025.11.13 10:20 I attest to the accuracy and integrity of this document CRM-M-33429 33429-2025 -4- that it was the victim girl who had clearly denied for medical that it was the victim girl who had clearly denied for medical that it was the victim girl who had clearly denied for medical examination, despite taking her to the Government Hospital at examination, despite taking her to the Government Hospital at examination, despite taking her to the Government Hospital at Yamuna Nagar. Being asked by the Court, it is also informed by the Yamuna Nagar. Being asked by the Court, it is also informed by the Yamuna Nagar. Being asked by the Court, it is also informed by the learned State counsel that victim girl is not there in the list of learned State counsel that victim girl is not there in the list of learned State counsel that victim girl is not there in the list of witnesses, being minor. witnesses, being minor. 4. In view of the circumstances explained, coupled with the In view of the circumstances explained fact that complainant, who is there in the list of witnesses has already fact that complainant, who is there in the list of witnesses has already fact that complainant, who is there in the list of witnesses has already been examined and also, the statement made been examined and made under Section 183 BNSS of victim girl had completely exonerated the petitioner from any kind victim girl, had completely exonerated the petitioner from any kind , this Court deems it appropriate to grant the concession of allegation, this Court deems it appropriate to grant the concession of allegation of bail to the petitioner in the present case of bail to the petitioner in the present case 5. hereabove, petitioner once Having noticed circumstances hereabove, petitioner once again be given chance to rehabilitate himself to establish in the given a chance to rehabilitate himself to establish in the normal course of life with the other persons in the society. normal course of life with the other persons in the society normal course of life with the other persons in the society prayer made in the present petition is Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his etitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial furnishing bail/surety bonds to the satisfaction of the learned trial furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case. concerned, if not required in any other case. 6. Needless to observe that the petitioner shall not extend Needless to observe that the petit any threat and shall not influence any prosecution witness in any any threat and shall not influence any prosecution witness in any any threat and shall not influence any prosecution witness in any manner directly or indirectly. manner directly or indirectly. 7. Any of the discussion done and recorded here above, Any of the discussion done and recorded here above, shall not be construed as an expression of opinion on the facts of the shall not be construed as an expression of opinion on the facts of the shall not be construed as an expression of opinion on the facts of the HIMANSHU 2025.11.13 10:20 I attest to the accuracy and integrity of this document CRM-M-33429 33429-2025 -5- Therefore, trial Court is expected to decide the case by taking an case. Therefore, trial Court is expected to decide the case by taking an Therefore, trial Court is expected to decide the case by taking an independent view, on the basis of evidence available on record, as independent view, on the basis of evidence available on record, as independent view, on the basis of evidence available on record, as expeditiously as possible, in accordance with law. expeditiously as possible, in accordance with law. expeditiously as possible, in accordance with law. 8. It is further made clear that if, in future, petitioner is It is further made clear that if, in future, petitioner is found indulged in similar kind of activities, this order shall be directly found indulged in similar kind of activities, this order shall be found indulged in similar kind of activities, this order shall be deemed to be cancelled. deemed to be cancelled. 9.
Decision
Petition stands disposed of. Petition stands disposed of. (SANJAY VASHISTH) JUDGE 11.11.2025 himanshu Whether reasoned/speaking: Yes/No Whether reportable: Yes/No HIMANSHU 2025.11.13 10:20 I attest to the accuracy and integrity of this document