High Court of Punjab and HaryanaCRM-M/15358/2026allowed

Manish v. State Of Haryana

2026-04-22Ms. Justice Kirti Singh6 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH (133+210) CRM-M-15358-2026 (O&M) Date of Decision: 22.04.2026 MANISH ......Petitioner

Versus

STATE OF HARYANA .....Respondent CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Mr. Keshav Pratap Singh, Advocate with Ms. Meghna Nehra, Mr. Abhisekh and Ms Tanya Kanwar, Advocates for the petitioner.

Mr. Anmol Malik, DAG, Haryana.

**** KIRTI SINGH , J. (ORAL) CRM-13850-2026 The instant application has been filed for placing on record copy of order dated 18.08.2025 passed by this Court in CRM-M-11757-2025 as Annexure P-8.

For the reasons recorded in the application, the application is allowed. Annexure P-8 is taken on record.

CRM-M-15358-2026 (main case) 1.

This is the second petition filed under Section 483 of BNSS has been invoked for grant of regular bail to the petitioner in case FIR No. 845 dated 27.10.2024 under Sections 308(2), 351(3), 123 of BNS (Section 384, 506, 328 of IPC) and Section 4, 6 & 17 of POCSO Act (Section 4 of POCSO Act deleted, Section 123 of BNS and Section 6 of POCSO Act added), registered at Police Station Sector 58, District Faridabad. The first bail petition was dismissed as withdrawn on 18.08.2025. 2.

The translated version of the FIR is reproduced below:-

""To, The SHO, Police Sector 58, Faridabad. Sir, It is requested that I, xxxx W/o Laxman Singh, resident of village Pyala Station, Faridabad. I have two children. My daughter is 13 years old and studies in 8 class in Shiva Convent School, Sikri, Ballabgarh. My daughter has been feeling sad for a long time. Today, when I was taking out my gold and silver items to wear before going to my village, I noticed that one necklace, earrings two of my gold of pairs and one gold ring gold were missing from my belongings. I searched the house thoroughly, but could find them anywhere. I started crying, my daughter also started crying with me and while crying told me that mummy, my things have been taken away by a village boy Kunal S/o Shiv of village Pyala by threatening blackmailing me. Kunal had pressurized me to talk to him. On 17.7.

2024, when I was going to my school R.L. Public School, village Pyala, in the morning, Kunal met me on the way and he told me that he would drop me to school on his motorcycle, instead of taking me to school he took me on his motorcycle to Oyo House, Green Place Hotel Guest Street No.3, Railway Road, Ballabgarh at around 9.00 AM. The Oyo person refused to accept me there after seeing my school dress. Kunal gave Rs.2000/- extra to the hotel owner and in place of my ID, Kunal wrote the name of a girl named Shivani and after giving his ID, he made an entry in the register and marked his name as his own. The Oyo person took extra money from Kunal for entry. Kunal also made me change my school dress in the Oyo room and insisted on doing bad things with me in the same room.

When I refused, Kunal made me drink cold drink which made me feel intoxicated. When I regained consciousness, Kunal was doing bad things with me. I tried to stop Kunal a lot, but he did not listen and he told me that if I tell anything to anyone then he will defame me. After that when I came out of Oyo, Kunal's brother Harsh alias Aman was standing there, Harsh also threatened me that if you tell anything to anyone then both of us brothers will defame you, Kunal and Harsh have been blackmailing me. They have been threatening to make my video viral and kill me. My daughter has told me all these things, which I have fully accepted. Legal action should be taken against Kunal and Harsh. I and my daughter should get justice. My gold jewellery should be returned from Kunal. Sd/- Suman 27.10.2024, 9650958xxxx.."

Status report by way of affidavit of Vivek Kundu, HPS, Assistant Commissioner of Police, Mujesar, Faridabad has been filed by the State, which is taken on record. A copy thereof has been furnished to the learned counsel for the petitioner.

Learned counsel for the petitioner submits that the 21 year old petitioner, who was at the relevant time employed as a sweeper at OYO Green Palace Hotel, where the alleged incident purportedly took place, has been wrongly implicated in the present case. It is submitted that the petitioner was

neither named in the FIR, nor is any specific role or overt act attributable to him. It is submitted that there is no cogent evidence on record that points towards the complicity of the petitioner. Moreover, the material witnesses i.e. prosecutrix as well as the complainant stand examined before the learned trial Court, who in their deposition have not supported the case of the prosecution and have been declared hostile. It is further submitted that the petitioner has clean antecedents and

# $ 5.

Per contra, learned State counsel has vehemently opposed the submissions made by the learned counsel for the petitioner. Learned State counsel states that the petitioner was actively involved in the commission of the offence. He has filed custody certificate in Court today and the same is taken on record. As per custody certificate, the petitioner has undergone an actual custody of

# . The learned State counsel, on instructions from the investigating officer concerned, submits that in the present case, charges were framed on 07.07.2025 and out of total 20 prosecution witnesses, 02 have been examined till date. Learned State counsel further submits that in view of the serious allegations against the petitioner, he is not entitled to the concession of regular bail. 6.

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

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!$ (KIRTI SINGH) JUDGE April 22, 2026 Ritika Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No