Satish Kumar v. State Of Haryana And Another
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( Petitioner Satish Kumar has filed petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in case FIR No. 30 dated 17.02.2025 under Sections 115, 331(6), 351(2), 64(1) of BNS 2023, registered at Police Station Kaithal Sadar, District Kaithal (Annexure P-1). 2.
As per the facts of the case, prosecutrix 'A' gave her statement that she got married with 'P.K.' in the year 2012. She is mother of a son. Satish Kumar is living in their neighborhood. On 15.02.2025, her husband had gone to his uncle's house in village Sisla. Her room was adjoining to the staircase. On that night, she was alone in the room and her father-in-law was sleeping in the adjoining room. At about 10:30/11:00 PM when she went to the bathroom and came back, a boy suddenly locked the room from inside and pushed her on the bed. She saw Satish Kumar, he committed forcible rape with her. She tried to oppose him and her head hit against the wall. On the alarm raised by her, her
family members woke up and came outside her room. Satish Kumar did not open the latch and threatened her. Finally, the door was opened by her family members. The police was informed. With these allegations, present FIR has been registered. 3.
Learned counsel for petitioner argued that he is falsely implicated in this case. The version put forward by the prosecutrix is false. Learned counsel for petitioner referred to FIR No.46 dated 08.03.2025, registered on the basis of rapat No.14 dated 20.02.2025. In fact, it was the prosecutrix who was sending him messages to meet her. The said messages were seen by his wife who showed it to her mother-in-law and the matter flared up. During the quarrel, he received multiple injuries. Copy of his MLR is Annexure P-3. The call detail record chats are Annexure P-4. Present petitioner was granted interim relief vide order dated 25.03.2025 and thereafter, he was also directed to join the investigation in pursuance of order dated 24.07.2025. Accordingly, petitioner has joined the investigation. He is ready to abide by the terms of bail order. Therefore, his anticipatory bail petition may be allowed.
4.
Bail petition is opposed by learned counsel representing complainant as well as by learned counsel representing State. Detailed status report has been filed. Copy of MLR of the prosecutrix is Annexure R-1 and her statement recorded under Section 183 of BNSS is Annexure R-2. There are specific serious allegations against the petitioner. However, learned counsel representing State confirmed that petitioner has joined investigation on 10.08.2025 and on the instructions of ASI Jaipal, it is submitted that petitioner is not required for further investigation. 5.
I have considered the arguments and have gone through the record. The allegations and counter allegations levelled against each other are matter of
trial. It is also a fact that at the instance of present petitioner, FIR No.46 dated 08.03.2025 (Annexure P-2) has been registered. At present petitioner has joined the investigation and fully cooperated with the investigating agency. No purpose would be served by sending the petitioner behind the bars. Therefore, without expressing my mind on merits of the case, anticipatory bail petition filed by petitioner Satish Kumar is allowed. He be not arrested. In case of his arrest, he be released on bail to the satisfaction of Arresting/Investigating Officer concerned, subject to condition that petitioner will join investigation as and when required. He will not tamper with or interfere with investigation and will not leave country without prior permission as provided under Section 482(2) of BNSS, 2023.
6.
Pending application(s), if any, also stands disposed of accordingly. - .
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