RAJ KUMAR @ RAJU v. STATE

Judgment

1. The present appeal has been preferred against the order dated The present appeal has been preferred against the order dated The present appeal has been preferred against the order dated

16.10.202 .2025 passed by the learned Additional Sessions Judge, Karnal, passed by the learned Additional Sessions Judge, Karnal 483 BNSS whereby the application filed by the appellant under Section 483 BNSS whereby the application filed by the appellant under Section whereby the application filed by the appellant under Section

seeking regular bail in case FIR No.192 seeking regular bail in case FIR No. 192 dated 08.06.2025 under Section under Sections 75(2) of BNS and Section 10 of POCSO Act 75(2) of BNS and Section 10 of POCSO Act and Sections 3(2)(VA) ) of SC/ST Ac ct, registered at Police Station has been registered at Police Station Butana, District Karnal has been d. dismissed.

2. The translated version of the FIR is reproduced below:- The translated version of the FIR is reproduced below: “Copy of application is submitted to the In Charge, Copy of application is submitted to the In-Charge, Police Post, Nilokheri Subject: Molestation of a Police Post, Nilokheri Subject: Molestation of a Police Post, Nilokheri Subject: Molestation of a W/O Dharmbir minor, Respected Sir, I, xxxxxx W/O Dharmbir minor, Respected Sir, I, resides in Bhadbadh Singh dera and i have three resides in Bhadbadh Singh dera and i have three resides in Bhadbadh Singh dera and i have three children-two daughters and one son. I belong to the two daughters and one son. I belong to the two daughters and one son. I belong to the Valmiki caste and work as a house cleaner. My Valmiki caste and work as a house cleaner. My Valmiki caste and work as a house cleaner. My husband Dharmbir is a driver and is often away for husband Dharmbir is a driver and is often away for husband Dharmbir is a driver and is often away for SWARNJIT SINGH 2026.03.23 17:42 I attest to the accuracy and integrity of this document CRA-S-3512 3512-2025 (O&M) -2- two to three days at a time. My younger daughter, two to three days at a time. My younger daughter, two to three days at a time. My younger daughter, xxxxxx, aged 10 years, went to our neighbor's shop of , aged 10 years, went to our neighbor's shop of , aged 10 years, went to our neighbor's shop of Raju to buy milk at around 7:00 PM on 06.06.2025. Raju to buy milk at around 7:00 PM on 06.06.2025. Raju to buy milk at around 7:00 PM on 06.06.2025. The shop is located inside the house. After returning, The shop is located inside the house. After returning, The shop is located inside the house. After returning, she became unusually quiet. I didn't ask her anything she became unusually quiet. I didn't ask her anything she became unusually quiet. I didn't ask her anything at that time. However, today on 07.06.2025, she at that time. However, today on 07.06.2025, she at that time. However, today on 07.06.2025, she hesitantly told me that the "milk uncle" had molested hesitantly told me that the "milk uncle" had mole her. After this, my family and I went to his house to her. After this, my family and I went to his house to her. After this, my family and I went to his house to confront him. He was intoxicated and behaved rudely confront him. He was intoxicated and behaved rudely confront him. He was intoxicated and behaved rudely when questioned. Thereafter we returned home and when questioned. Thereafter we returned home and when questioned. Thereafter we returned home and called emergency number 112. I believe in the law called emergency number 112. I believe in the law called emergency number 112. I believe in the law and request for legal assistance. Applicant: S and request for legal assistance. Applicant: Sushma W/O Dharmbir Bhadbadh Singh Dera, Nilokheri W/O Dharmbir Bhadbadh Singh Dera, Nilokheri W/O Dharmbir Bhadbadh Singh Dera, Nilokheri Phone No: 8930817270 Signed: SUSHMA” Phone No: 8930817270 Signed:

3. Learned counsel for the appellant submits that the appellant has Learned counsel for the appellant submits that the appellant has Learned counsel for the appellant submits that the appellant has been falsely implicated in the FIR, on the statement of the mother of the been falsely implicated in the FIR, on the statement of the mother of the been falsely implicated in the FIR, on the statement of the mother of the been falsely implicated in the FIR, on the statement of the mother of the was alleged that the appellant tried to molest her prosecutrix, wherein it was alleged that the appellant tried to molest her was alleged that the appellant tried to molest her prosecutrix, wherein it daughter. It is submitted that the husband daughter. It is submitted that d of the complainant, along with other pers sons, had brutally assaulted the a appellant, causing multiple injur to him, a as can be seen from the MLR o of the appellant dated 07.06.20

025. Therefore e, only to escape liability for thei ir acts against the appellant, was instant FI IR got lodged. It is submitted that only sweeping and omnib allegation n have been levelled against the appellant in the instant FIR, wh even othe erwise was lodged after a cons of about two days, siderable delay of about two days leaving a ample room for fabrication of f allegations. There is no cog evidence on record that points towards appellant. s the complicity of the appellant Moreover even the material witnesses stand examined r, it is submitted that even the material witnesses stand examined even the material witnesses stand examined before the learned trial Court. The appellant before the learned trial Court. The has undergone an actual custody appellant has undergone an actual custody of 09 months and months and 08 days.

4. Per contra, and counsel for learned State counsel and counsel for learned State counsel SWARNJIT SINGH 2026.03.23 17:42 I attest to the accuracy and integrity of this document complainant have vehemently opposed the submission complainant s made by the learned vehemently opposed the submissions made by the learned CRA-S-3512 3512-2025 (O&M) -3- that the appellant was actively involved counsel for the appellant. They state that the appellant was actively involved that the appellant was actively involved counsel for the appellant. in the commission of the offence. in the commission of the offence.

5. The learned State counsel has filed custody certificate in Court The learned State counsel has filed custody certificate in Court The learned State counsel has filed custody certificate in Court custody certificate, the today and the same is taken on record. As per custody certificate, the today and the same is taken on record. As per today and the same is taken on record. As per . The appellant has undergone an actual custody of 09 months and 08 days. The appellant has undergone an actual custody of 0 appellant has undergone an actual custody of 0 learned State counsel, on instructions from the investigating officer learned State counsel, on instructions from the investigating officer learned State counsel, on instructions from the investigating officer learned State counsel, on instructions from the investigating officer concerned, submits that in the present case, charges were framed on concerned, submits that in the present case, charges were framed on concerned, submits that in the present case, charges were framed on concerned, submits that in the present case, charges were framed on

09.10.202 .2025 and out of total 13 prosecution witnesses, 0 have been prosecution witnesses, 03 have been submits that in view of the serious allegations against examined till date. He submits that in view of the serious allegations against submits that in view of the serious allegations against examined till date. the appellant, he is not entitled to the concession of regular bail. the appellant, he is not entitled to the concession of regular bail. the appellant, he is not entitled to the concession of regular bail.

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