STATE OF vs Versus

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.228 dated 19.08.2023, under 66E, 67A of I.T. Act, Sections 8 and 12 of POCSO Act, 2012, Sections 66E, 67A of I.T. Act, Sections 8 and 12 of POCSO Act, 2012, 66E, 67A of I.T. Act, Sections 8 and 12 of POCSO Act, 2012, Sections Sections 354a(1)(I), 384, 506, 34 IPC ns 354a(1)(I), 384, 506, 34 IPC and Section 3 (2)W(1) of SC/ST Act, d Section 3 (2)W(1) of SC/ST Act, registered at Police Station Sadar Ratia, District registered at Police Station District Fatehabad.

2. The contents of the FIR are reproduced below: reproduced below:- SWARNJIT SINGH 2026.04.07 18:25 I attest to the accuracy and integrity of this document SHO, Women Help Desk Sadar Police Station “To, the SHO, Women Help Desk Sadar Police Station SHO, Women Help Desk Sadar Police Station Ratia. Subject: Application regarding taking legal action against 1. Ratia. Subject: Application regarding taking legal action against 1. Ratia. Subject: Application regarding taking legal action against 1. CRM-M M-35168-2025 (O&M) -2- Ravi Kumar son of Surendra Kumar son of Kartar Chand Mob. Ravi Kumar son of Surendra Kumar son of Kartar Chand Mob. Ravi Kumar son of Surendra Kumar son of Kartar Chand Mob. , 2. Kuldeep Kumar son of Darshan Singh Mob. Singh Mob. No..82210xxxx, 2. Kuldeep Kumar son Fatehabad residents of Nagpur, Tehsil and District Fatehabad No.97286xxxx residents of Nagpur, Tehsil and 1. That the applicant applicant requests as under that:- 1. That the applicant Sir, the applicant requests as under that: a resident of village Surajbhan son of Atmaram son of Ramdayal is a resident of village Surajbhan son of Atmaram son of and district Fatehabad. 2. That the applicant works as Nagpur Tehsil and district Fatehabad. 2. That the applicant works as and district Fatehabad. 2. That the applicant works as bus stand and the applicant has four bus stand and the applicant has four a vegetable seller at Nagpur bus stand and the applicant has four children in which elder daughter xxxx age 13 years, second daughter , second daughter children in which elder daughter daughter xxxxx age 6 years and fourth son and fourth son xxxxx age 7 years, third daughter xxxxx age nd only That the applicant is not educated and only Ankit age 4 years. 3. That the applicant is not educated knows to sign, the applicant has spent his 11 years' earnings at home has spent his 11 years' earnings at home after withdrawing the expenses, he did not deposit it in the bank but after withdrawing the expenses, he did not deposit it in the bank but after withdrawing the expenses, he did not deposit it in the bank but started keeping it in a table drawer inside the room, which was started keeping it in a table drawer inside the room, which was started keeping it in a table drawer inside the room, which was applicant took care of 6 months ago. When the applicant took care of around Rs.2,50,000/- 6 months ago. When the his money yesterday at around 7:30 AM on 17.08.2023, he found an his money yesterday at around 7:30 AM on 17.08.2023, he found an his money yesterday at around 7:30 AM on 17.08.2023, he found an were missing in empty envelope kept in the drawer and Rs.2,50,000/- were missing in empty envelope kept in the drawer and Rs.2,50,000/ it. Then the applicant asked his wife about the money and she said it. Then the applicant asked his wife about the money and she said it. Then the applicant asked his wife about the money and she said that I had not taken it from the drawer, then thereafter the applicant's drawer, then thereafter the applicant's that I had not taken it from the wife brought home my elder daughter xxxx, who had taken leave , who had taken leave wife brought home my elder daughter and we both husband and government school in Nagpur, and we both husband and from the government school in Nagpur, about the money, wife asked our elder daughter at first my xxxx about the money, wife asked our elder daughter at first my daughter refused about the money that I do not know, but after some oney that I do not know, but after some oney that I do not know, but after some time the applicant and the applicant's wife asked her in a loving time the applicant and the applicant's wife asked her in a loving time the applicant and the applicant's wife asked her in a loving manner and then applicant's daughter started crying loudly and was manner and then applicant's daughter started crying loudly and was manner and then applicant's daughter started crying loudly and was not able to keep quiet. After some time the applicant's minor not able to keep quiet. After some time the applicant's minor not able to keep quiet. After some time the applicant's minor vi Kumar son of Surendra Kumar son of Kartar vi Kumar son of Surendra Kumar son of Kartar daughter told that Ravi Kumar son of Surendra Kumar son of Kartar Chand had forcefully come to my house and made a photo and video Chand had forcefully come to my house and made a photo and video Chand had forcefully come to my house and made a photo and video of himself a year ago and had done mischief and molestation with me of himself a year ago and had done mischief and molestation with me of himself a year ago and had done mischief and molestation with me and by making a video of it he has been he used to send me obscene and by making a video of it he has been he used to send me obscene and by making a video of it he has been he used to send me obscene he phone of school staff blackmailing me till now and if I he phone of school staff blackmailing me till now and if I videos on the phone of school staff blackmailing me till now and if I refused, then Ravi Kumar would threaten to kill me and if I refused to refused, then Ravi Kumar would threaten to kill me and if I refused to refused, then Ravi Kumar would threaten to kill me and if I refused to give him money, then he would forcefully enter in our house and try give him money, then he would forcefully enter in our house and try give him money, then he would forcefully enter in our house and try ed to to have physical relations with me several times and he used to to have physical relations with me several times and he us forcefully ask me to run away from the house and ask me to marry forcefully ask me to run away from the house and ask me to with him and because of Ravi Kumar's Intimidating and threatening with him and because of Ravi Kumar's Intimidating and threatening with him and because of Ravi Kumar's Intimidating and threatening me and threatening to kill me and Ravi Kumar's threat of making the me and threatening to kill me and Ravi Kumar's threat of making the me and threatening to kill me and Ravi Kumar's threat of making the s from home on his I took one lakh rupees from home on his video viral. Because of fear, I took one lakh rupee demand about 6-7 months ago and in July 2023, before Shivratri, he 7 months ago and in July 2023, before Shivratri, he 7 months ago and in July 2023, before Shivratri, he forcefully came home and Ravi Kumar took one lakh rupees with avi Kumar took one lakh rupees with avi Kumar took one lakh rupees with threats, If the key of the fridge could also be placed in the drawer, threats, If the key of the fridge could also be placed in the drawer, threats, If the key of the fridge could also be placed in the drawer, irst of all when Ravi Kumar came to forcible attempt on me, attempt on me, that first of all when Ravi Kumar came to forcible of our fridge and opened the drawer. He drawer. He then he himself used the key of our fridge and opened the the money kept in the drawer, so he blackmailed me and had seen the money kept in the drawer, took the money and Ravi Kumar had also sent my videos and photos took the money and Ravi Kumar had also sent my videos and photo took the money and Ravi Kumar had also sent my videos and photo to his uncle's son Kuldeep Kumar son of Darshan Singh, who also to his uncle's son Kuldeep Kumar son of Darshan Singh, who also to his uncle's son Kuldeep Kumar son of Darshan Singh, who also started blackmailing me and he also tried to force and have physical started blackmailing me and he also tried to force and have physical started blackmailing me and he also tried to force and have physical relations with me and did obscene acts and threatened to kill me, if I relations with me and did obscene acts and threatened to kill me, if I relations with me and did obscene acts and threatened to kill me, if I refused. He also used to give threats and took awa y fifty thousand refused. He also used to give threats and took away fifty thousand rupees by scaring me 5 months ago and the chatting asking for rupees by scaring me 5 months ago and the chatting asking for rupees by scaring me 5 months ago and the chatting asking for money is on my phone. 4. That after listening the past of his money is on my phone. 4. That after listening the past of his money is on my phone. 4. That after listening the past of his daughter, the applicant called his close relatives and told them the daughter, the applicant called his close relatives and told them the daughter, the applicant called his close relatives and told them the whole story. Earlier, due to shame in the publ ic, the applicant was whole story. Earlier, due to shame in the public, the applicant was not able to file a complaint, but today he gathered courage and not able to file a complaint, but today he gathered courage and not able to file a complaint, but today he gathered courage and SWARNJIT SINGH 2026.04.07 18:25 I attest to the accuracy and integrity of this document CRM-M M-35168-2025 (O&M) -3- protested against the atrocities committed against his daughter by protested against the atrocities committed against his daughter by protested against the atrocities committed against his daughter by the accused, I have come today to submit this application to the the accused, I have come today to submit this application to the the accused, I have come today to submit this application to the , to whom the respected Sir, the applicant is a minor daughter xxxxx, to whom the respected Sir, the applicant is a mino accused men seduced, intimidated and blackmailed and by sending seduced, intimidated and blackmailed and by sending seduced, intimidated and blackmailed and by sending Instagram obscene videos on mobile number and 70271xxxx and Instagram obscene videos on mobile number and 70271 and also entered the applicant's house and made forcible xxxx and also entered the applicant's house and made forcible and also entered the applicant's house and made forcible outrage the modesty of her. physical relation with her daughter xxxxx outrage the modesty of her. physical relation with her daughter And mentally and physically has been exploited daughter and the And mentally and physically has been exploited daughter xxx and the respect of the family is at stake in the society. Therefore, it is respect of the family is at stake in the society. Therefore, it is respect of the family is at stake in the society. Therefore, it is requested by presenting the application, that after conducting the requested by presenting the application, that after conducting the requested by presenting the application, that after conducting the medical examination of my daughter, strict legal action be taken y daughter, strict legal action be taken y daughter, strict legal action be taken against the above mentioned accused and justice be provided to the against the above mentioned accused and justice be provided to the against the above mentioned accused and justice be provided to the applicant. I shall be thankful to you.” applicant. I shall be thankful to you.

3. submits that the Learned counsel for the petitioner inter alia submits that the Learned counsel for the petitioner in the present case on the basis of the petitioner has been falsely implicated in the present case on the basis of the in the present case on the basis of the petitioner has been falsely implicated statement of the complainant. A bare peru statement of the usal thereof, it is submitted, reve that merel ly sweeping and non-specific all legations have been levelled agai the petitioner petitioner. Moreover, the alleged incid dents are stated to have taken pl at the ho ouse of the prosecutrix, whic ch version is highly improbab ble, particularly in the absence of any particularly independent corroboration. Ev otherwise e, there is no cogent evidence on record that points towards complicity y of the petitioner, a 21 year old with clean antecedents. It t is further su ubmitted that though the petitioner petitioner was declared a proclaim offender in the in the case, however, he duly su urrendered on orders of this Co ourt, and has be een in custody since, meaning th hereby that he has been behind b for a peri iod of 09 months and 27 days. It is submitted that the co-accu namely K Kuldeep Kumar was in fact gran nted the concession of anticipat bail by thi is Court vide order dated 29.08.2

4. Status report by way of an affidavit of Divyanshi Singla, IPS, Status report by way of an affidavit of Divyanshi Singla, IPS, Status report by way of an affidavit of Divyanshi Singla, IPS, Assistant Superintendent of Police, Ratia, District Fatehabad filed by the Assistant Superintendent of Police, Ratia, District Fatehabad filed by the Assistant Superintendent of Police, Ratia, District Fatehabad filed by the Assistant Superintendent of Police, Ratia, District Fatehabad filed by the learned State counsel is taken on record. learned Sta SWARNJIT SINGH 2026.04.07 18:25 I attest to the accuracy and integrity of this document CRM-M M-35168-2025 (O&M) -4-

5. Per contra, and counsel for learned State counsel and counsel for learned State counsel vehemently opposed the submissions made by the learned complainant have vehemently opposed the submissions made by the learned vehemently opposed the submissions made by the learned complainant state that the petitioner was actively counsel for the petitioner. They state that the petitioner was actively state that the petitioner was actively counsel for the petitioner. has filed involved in the commission of the offence. Learned State counsel has filed involved in the commission of the offence. involved in the commission of the offence. taken on record. As per custody certificate in Court today and the same is taken on record. As per custody certificate in Court today and the same custody certificate in Court today and the same custody certificate, the petitioner has undergone an actual custody of custody certificate, the petitioner has undergone an actual custod custody certificate, the petitioner has undergone an actual custod y of 09 months and 27 days. Investigation is complete. months and 27 days . Investigation is complete. He also submits that t submits that the charges have been have been framed on 17.10.2025 prosecution and out of a total of 28 prosecution witnesses, 03 have been examined. witnesses,

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 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.