Manish v. State Of Haryana
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH (108) CRM-M-67351-2025 Date of Decision: 30.04.2026 MANISH ......Petitioner
Versus
STATE OF HARYANA AND ANOTHER .....Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present:
Mr. Sandeep Kumar Rana, Advocate and Mr. Vikas Kumar Rana, Advocate for the petitioner.
Ms. Saumya Ahluwalia, Sr. DAG, Haryana.
None for respondent No.2.
**** KIRTI SINGH , J. (ORAL) 1.
The jurisdiction of this Court under Section 483 of BNSS has been invoked for grant of regular bail to the petitioner in case FIR No. 269 dated 04.06.2024 under Sections 366A of IPC and Sections 4, 17 of POCSO Act), registered at Police Station Dabua, District Faridabad (Annexure P-1). 2.
The translated version of the FIR is reproduced below:- "To, SHO, P.S. DABUA, FARIDABAD, R/Sir, It is stated that, I, xxxx D/o Netrpal R/o Near Shiv Shakti Mandir Gazipur Road, VIP Medical Store, Dabua, I have 5 children, 4 girls and 1 boy, xxxx is my 3rd Child, who is aged about 14 years, on 03.06.2024-04.06.2024 around 12:00 AM, Manish S/o Titu R/o near Army School, Dabua, Faridabad took my daughter by luring her to street near Hawani Garden. I got a call around 03:00 AM from a Ph. No. 7484858682 on my Mob. No. 989177xxxx, on which the caller told that he is speaking from near Hawani garden and my daughter xxxx is crying standing there, on which, I quickly reached Hawani Garden with the help of my neighbors and asked my daughter xxxx the reason of her crying but that time she was under fear and did not tell anything but in the afternoon of the same day, on my repeatedly asking my daughter said that Manish S/o Titu R/o near Army School, Dabua Faridabad has raped my daughter. Legal action should be taken against Manish. Thumb
Impression- (xxxx) Applicant xxxx W/o Netrpal, Dated- 04.06.2024, Mob. No. 989177xxxx."
3.
As per office report, notice issued to respondent No.2 received back served, however, none has put in appearance on behalf of respondent No.2.
4.
Learned counsel for the petitioner submits that the petitioner, aged 18 years, has been falsely implicated in the present case on the basis of the statement made by the mother of the prosecutrix, alleging that he had committed wrongful acts upon her. It is submitted that the petitioner and the prosecutrix were well acquainted with each other, having come into contact through Instagram. It is submitted that there is no cogent evidence on record that points towards the complicity of the petitioner. Moreover, even the prosecutrix in her testimony before the learned Trial Court, has not supported the prosecution case and has been declared hostile. Furthermore, the complainant, in her affidavit dated 03.07.2025, has also admitted that the FIR was lodged under a misunderstanding, and that no such incident had occurred.
Reliance in this regard is placed on the testimony of the prosecutrix as well as affidavit of the complainant annexed as Annexures P-2 & P-3. It is further submitted that co-accused Vishal has already been granted bail by a Coordinate Bench of this Court vide order dated 28.10.2025 in CRR-25442024.
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. Learned State counsel 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 01.08.2025 and out of total 24 prosecution witnesses, only 02 have been examined till date. Learned State counsel 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.
7.
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Pending miscellaneous application(s), if any, also stands disposed of.
(KIRTI SINGH) JUDGE April 30, 2026 Ritika Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No