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High Court of Punjab and HaryanaCRM-M/71264/2025allowed

Sameer @ Kallu v. State Of Haryana

2025-12-22Mr. Justice Alok Jain3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (224) Date of Decision:-22.12.2025 Sameer @ Kallu ......Petitioner

Versus

State of Haryana ......Respondent

CORAM:

HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. S.S. Mor, Advocate for the petitioner.

Mr. Sunny Namdev, AAG, Haryana.

ALOK JAIN, J. (Oral) 1.

The present petition has been filed inter alia praying for grant of regular bail to the petitioner in case FIR No. 367 dated 27.07.2025 under Sections 137(2) and 96 of BNS, 2023, registered at Police Station Mujesar, Faridabad(Annexure P-1).

2.

Learned counsel for the petitioner submits that it is a simple case of adolescence love and that there is no allegation of any physical or sexual assault upon the prosecutrix. It is further submitted that the prosecutrix in her statement recorded before the Court categorically stated that she was roaming with the petitioner when they were apprehended by the police and that she has clearly expressed her desire to solemnize marriage with the petitioner after attaining the age of majority. There is not even a whisper of any allegation regarding physical assault upon the prosecutrix and moreover, she has specifically declined to undergo medical examination.

3.

Learned State counsel has filed the custody certificate of the petitioner in Court today, which is taken on record. As per the same, the

petitioner has been in custody for the last 04 months and 23 days as on 21.12.2025.

4.

In light of the above and considering the fact that the petitioner is a young boy of 20 years and has clean antecedents and has been in custody for the last 04 months and 23 days, coupled with the fact that the trial is likely to take considerable time, therefore, no useful purpose would be served by keeping the petitioner in custody. Accordingly, the petitioner is held entitled to the concession of regular bail. 5.

Without commenting upon the merits of the case, the present petition stands allowed and the petitioner is ordered to be released on bail if not required in any other case on furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned. The petitioner shall, however, be released on the following conditions: i The petitioner shall declare his ordinary place of residence and the mobile number used by him.

ii The petitioner will not switch off his mobile and in case of any technical glitch, he has to give an alternate number, which will be available in his absence.

iii The petitioner will mark his presence before the SHO concerned, after every 15 days and in case the SHO refuses to mark his presence, he is permitted to make an application before the Illaqa Magistrate, concerned.

iv The petitioner will not leave the country without the prior permission of the Court, for which he will submit the copy of his passport also. However, in case the petitioner does not possess a passport, then he shall file an undertaking to the said effect before being released.

The petitioner shall abide by the terms and conditions as imposed in addition to Section 483 of BNSS, 2023.

6.

However, nothing stated above shall be construed as a final expression of opinion on the merits of the case and this order shall not be considered as parity qua any other co-accused in any manner whatsoever. 7.

It is further made clear that, in case, the petitioner is found involved in any such activity once again, the State is at liberty to promptly move an appropriate application for cancellation of bail detailing out the circumstances and violation of conditions of bail. (ALOK JAIN) JUDGE December 22, 2025 parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No