CRM-M v. STATE OF HARYANA

regular bail to the petitioner, in case FIR No. regular bail to , under the petitioner, in case FIR No.184 dated 22.05.2025, under Section 9 96 & 137(2) of BNS, 2023 (late er on Section 96 BNS was dele and offen nce under Section 140(3)(2) of B BNS and Section 6 of POCSO A Act, Sections 3 3, 33, 89 of the SC/ST Act were registered at Police Station added), registered at Police Station Sector 8, District District Faridabad.

2. The contents of the FIR are reproduced below: reproduced below:- To Chowki Incharge, Police Chowki Sector 11, Faridabad “To Chowki Incharge, Police Chowki Sector 11, Faridabad To Chowki Incharge, Police Chowki Sector 11, Faridabad Subject Complaint regarding kidnapping of minor girl from Dalit Subject Complaint regarding kidnapping of minor girl from Dalit Subject Complaint regarding kidnapping of minor girl from Dalit community. Sir, it is submitted that I, xxxx W/O Shri Ramesh, resident of W/O Shri Ramesh, resident of community. Sir, it is submitted that I, out of House Number 9, Milhard Colony, Faridabad. I have 3 children, out of House Number 9, Milhard Colony, Faridabad. I have 3 children, whose date of birth is them 2 are boys and one is a girl. My daughter xxxx whose date of birth is them 2 are boys and one is a girl. My daughter 30-11-2008, who studied in Government Girls Senior Secondary School 2008, who studied in Government Girls Senior Secondary School 2008, who studied in Government Girls Senior Secondary School Number 1, in Group 01, Class 9th. I belong to the Dalit community, Jatav Number 1, in Group 01, Class 9th. I belong to the Dalit community, Jatav Number 1, in Group 01, Class 9th. I belong to the Dalit community, Jatav 4:00 AM at night, she went missing from 4:00 AM at night, she went missing from caste. On 18-05-2025, at about 4:00 AM at night, she went missing from home. We searched around for but we could not find her. My home. We searched around for xxxxx but we could not find her. My neighbour Jasvir Jogi, son of Rajesh Jogi, has kidnapped my daughter neighbour Jasvir Jogi, son of Rajesh Jogi, has kidnapped my daughter neighbour Jasvir Jogi, son of Rajesh Jogi, has kidnapped my daughter with the intention of marriage or any forced crime. After xxxx went xxxx with the intention of marriage or any forced crime. After 2025, today I was searching for her. Please register a missing on 18-05-2025, today I was searching for her. Please register a 2025, today I was searching for her. Please register a case, take strict action, and recover xxx. Thank you, SD xxx” case, take strict action, and recover SWARNJIT SINGH 2026.05.11 18:06 I attest to the accuracy and integrity of this document CRM-M M-71322-2025 (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 FIR, which was in f petitioner has been falsely implicated in the present petitioner has been falsely implicated in the present registered after a delay of 4 days on the registered of the on the statement of the mother of the prosecutrix, alleging that the petitioner prosecutrix had enticed her daughter on pretext of f marriage. It is submitted that the petitioner and the prosecutrix, It is submitted that the petitioner and the prosecutrix age of wh hom is a disputed question of fact is a disputed question of fact, were well-acquainted with e other. Be that as it may, the petitioner had d neither pressurized nor influen the prosec cutrix to leave her home, which h, as per the categoric admission n of the prosec cutrix in her statement recorded d under Section 183 BNSS, she h done volu untarily, apprehending threat from m her family members who wan to solem mnize her marriage somewhere It is submitted that the e else. It is submitted that the allegations levelled against the petitioner allegations remain unsubstantiated by way of against the petitioner remain unsubstantiated by way of any cogent evidence on record. nt evidence on record. Moreover r, even the material witnesses stand examined before the learned Trial Court. examined before the learned Trial Court . Learned counsel submits that now 23-year petitioner has already undergone an actual custody of 11 petitioner has already undergone an actual custody of year-old petitioner has already undergone an actual custody of months and There is no other case registered against him. and 12 days. There is no other case registered against him.

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. She, 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 taken on record. As per custody certificate, the petitioner has undergone an taken on record. As per custody certificate, the petitioner has undergone an taken on record. As per custody certificate, the petitioner has undergone an taken on record. As per custody certificate, the petitioner has undergone an actual custody of 11 months and 12 days. Investigation is complete. actual custody of . Investigation is complete. She also submits that the charges have been framed submits that t out of a total framed on 11.11.2025 and out of a total SWARNJIT SINGH 2026.05.11 18:06 I attest to the accuracy and integrity of this document of 24 prosecution witnesses, been examined. prosecution witnesses, 05 have been examined. CRM-M M-71322-2025 (O&M) -3-

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.