Junaid v. State Of Haryana

CRM-M-35622-2025(O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-35622-2025(O&M) Decided on : 28.07.2025 JUNAID . . . Petitioner(s)

Versus

STATE OF HARYANA AND ANR . . . Respondent(s) CORAM: HON'BLE MS. JUSTICE KIRTI SINGH PRESENT: Mr. Parveen Gaur, Advocate for the petitioner.

Mr. Deepak Kundu, Advocate for victim/respondent No.2.

**** KIRTI SINGH , J. (Oral) Present petition under Section 483 of BNSS, 2023 has been filed for grant of interim bail to the petitioner for a period of two weeks in case FIR No.760 dated 31.12.2023, initially registered under Section 365 of the IPC, 1860, and later on added Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 363, 366, 376(2)(n), 376(3), and 506 IPC and deleted Section 365 of IPC at Police Station Sector 29, Industrial Area, Panipat, District Panipat. 2.

Learned counsel for the petitioner submits that the petitioner was implicated in the instant FIR on the statement of brother of victim respondent No.2. It is submitted that during the pendency of the trial, a mutual compromise dated 28.04.2025 (Annexure P/2) was effected between the victim and the mother of petitioner, wherein the victim, who is now over 20 years of age, has voluntarily expressed her desire to marry the petitioner. Respondent No.2 in her sworn affidavit dated 16.05.2025 (Annexure P-3) has also submitted that she has no objection to the grant of bail to the petitioner. It is under these circumstances that the petitioner is seeking interim bail for a period of two weeks for the purpose of solemnization of his marriage with the victim/respondent No.2. 3.

Notice of motion.

KAVITA NAIN 2025.07.28 17:12 I agree to specified portions of this document

CRM-M-35622-2025(O&M) - 2 - 4.

Upon advance notice, Ms. Saumya Ahluwalia, Sr. DAG, Haryana accepts notice on behalf of respondent-State. 5.

Learned counsel for respondent No.2 has not controverted the submissions made by learned counsel for the petitioner, and has admitted the factum of compromise effected between the mother of the petitioner and respondent No.2.

6.

Respondent No.2/victim is present in Court today. She has stated that she is willing to marry the petitioner of her own free will and without any pressure, coercion, or undue influence.

7.

In view of the contentions made by learned counsel for the petitioner and taking into consideration the fact that respondent No.2 has expressed her unequivocal consent to marry the petitioner, this Court is of the considered view that the petitioner is entitled to the concession of interim bail at this stage. 8.

Accordingly, petition stands allowed. The petitioner is granted interim bail for a period of two weeks from the date of his release, on his furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate concerned, and as per the terms and conditions which may be imposed by the trial Court.

9.

Needless to say that after the expiry of said period, the petitioner shall surrender before the concerned Jail immediately. Pending application(s), if any, also stands disposed of accordingly. (KIRTI SINGH) JUDGE 28.07.2025 Kavita Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No KAVITA NAIN 2025.07.28 17:12 I agree to specified portions of this document