Punjab-Haryana High Court
Xxxxxxxxxxxx vs Xxxxxxxxxxxx on 9 April, 2026
CRM-M-71458-2025 -1-
140
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-71458-2025
Date of Decision:- 09.04.2026
PRINCE KUMAR ....Petitioner
Vs.
STATE OF HARYANA ...Respondent
CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI
Present:- Mr. Krishan Singh, Advocate for the petitioner.
Mr. Abhishek Yadav, DAG, Haryana.
Mr. Sanjiv Kumar Yadav, Advocate for the complainant.
***
AMARJOT BHATTI, J.
1. Petitioner has filed instant second petition under Section 483
of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in
FIR No.8 dated 12.03.2024 under Sections 12, 17 and 6 of POCSO Act,
2012 and Section 506 of IPC (Section 75 of Juvenile Justice Act and
Sections 109, 457, 354 and 376 (2) (n) IPC, 1860 added later-on in challan)
registered at Police Station Women, District Ambala (Annexure P-1).
2. As per facts of the case, complainant ‘AK’ filed written
complaint against Harwinder Kaur, Avtar Singh @ Peter and Jarnail Kaur.
Jarnail Kaur is the mother of Harwinder Kaur accused No.1. Aforesaid
named accused persons were having a gang and they were indulging girls
SANDEEP KUMAR
in flesh trade. Harwinder Kaur accused No.1 allured the victim ‘GK’ for
2026.04.11 15:05
I attest to the accuracy and
integrity of this document
CRM-M-71458-2025 -2-
indulging into said immoral activities. However, victim refused. Finally
Harwinder Kaur accused No.1 finding an opportunity supported accused
No.2 Avtar @ Peter to commit forcible rape with her grand-daughter. They
also clicked obscene photographs and prepared video. Victim was
blackmailed and she was raped by Peter @ Avtar Singh accused No.2
repeatedly. In December, 2023 complainant had to go Amritsar to pay
obeisance and in her absence, victim was taken to Hotel in Ambala where
she was forcibly raped by Suresh Rana and Rohit Rana. Victim resisted
but they told her that Harwinder Kaur and Peter @ Avtar Singh had
received Rs.10,000/- from them. Her grand-daughter used to remain silent
and she was frightened. She insisted the victim who finally disclosed about
the entire occurrence on 06.03.2024. Aforesaid accused persons were also
trying to indulge her another grand-daughter in this flesh trade. With these
allegations, present FIR has been registered.
3. Learned counsel representing petitioner pointed out that first
regular bail petition filed by the petitioner has been declined by this Court
in CRM-M-16211-2025 decided on 24.07.2025 (Annexure P-11).
Petitioner was falsely implicated in this case. He is behind the bars since
03.05.2024. Challan has been presented (Annexure P-7). Trial in this case
is going on. Testimony of alleged victim is recorded as PW1 (Annexure P-
8). Along with the bail petition, he has placed on record testimony of
victim recorded under Section 164 Cr.P.C. (Annexure P-4) as well as
supplementary statement of the victim (Annexure P-5). Copy of MLR of
the victim is Annexure P-6. Report of Forensic Science Laboratory,
Madhuban is Annexure P-10. He cannot be kept behind the bars for
SANDEEP KUMAR
2026.04.11 15:05
I attest to the accuracy and
integrity of this document
CRM-M-71458-2025 -3-
indefinite time period. He is ready to abide by the terms of bail order.
Therefore, his regular bail petition may be allowed.
4. Learned counsel representing State of Haryana assisted by
learned counsel for the complainant opposed the bail petition filed by the
petitioner . It is pointed out that trial in this case is in progress. There are
serious allegations against the petitioner. Statement of victim along with
medical record is also attached with the status report. After completion of
investigation, supplementary challan has been presented against the
petitioner along with co-accused. Out of 31 prosecution witnesses, 17
prosecution witnesses are already examined. Victim has fully supported the
prosecution case. Victim who was about 16 years of age was sexually
exploited by the petitioner and other co-accused. Considering the gravity of
offence, petitioner is not entitled to be released on regular bail.
5. I have considered the arguments and have gone through the
record carefully. It is matter of record that first regular bail petition filed by
petitioner was declined by this Court on merits in CRM-M-16211-2025
vide order dated 24.07.2025 (Annexure P-11). Second regular bail petition
has been filed in December, 2025 with same facts and circumstances. It is a
case of sexual exploitation of the minor girl by the accused persons who
had constituted a gang and were indulging girls in flesh trade. Victim
named the petitioner along with other co-accused in the commission of
offence. Initially she named Suresh Rana and Rohit Rana and during
investigation it was revealed that in-fact they were Prince and Hemant.
Victim did not know the real names of the accused. At present trial in this
case is going on. Victim as PW1 fully supported the allegations. As per
SANDEEP KUMAR
2026.04.11 15:05
I attest to the accuracy and
integrity of this document
CRM-M-71458-2025 -4-
status report, till date, 17 prosecution witnesses are already examined.
Considering the manner in which offence has been committed and its
gravity, I do not find a fit case for grant of regular bail and accordingly
second regular bail petition filed by petitioner is declined. Considering the
custody period of petitioner, trial Court is directed to expedite the trial.
6. Pending miscellaneous application(s), if any, stand disposed of
accordingly as well.
(AMARJOT BHATTI)
JUDGE
09.04.2026
snd
Whether speaking/reasoned : Yes/No.
Whether reportable : Yes/No
SANDEEP KUMAR
2026.04.11 15:05
I attest to the accuracy and
integrity of this document