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Judgment
The present appealpresent appeal has been filed against the impugned order datedagainst the impugned order datedagainst the impugned order dated 25.05.2026 whereby, his application for grant of regular25.05.2026 whereby, his application for grant of regular25.05.2026 whereby, his application for grant of regular bail had beenbail had been dismissed by learned Additional Sessions Judge, Special Court, Faridabaddismissed by learned Additional Sessions Judge, Special Court, Faridabaddismissed by learned Additional Sessions Judge, Special Court, Faridabad in a criminal casein a criminal case arisingarising out of First Information ReportFirst Information Report as detailedas detailed hereinunder:hereinunder:-
| 506 of IPC and 6 of506 of IPC and 6 of | |
| SC/ST Act.SC/ST Act. |
The above noted criminal case had been registered on the basis ofThe above noted criminal case had been registered on the basis ofThe above noted criminal case had been registered on the basis ofThe above noted criminal case had been registered on the basis of application moved by the complainant/victim alleging thatapplication moved by the complainant/victim alleging thatapplication moved by the complainant/victim alleging that she befriendeded with Krishan Thakur through Instagram and started talking with eachwith Krishan Thakur through Instagram and started talking with eachwith Krishan Thakur through Instagram and started talking with eachwith Krishan Thakur through Instagram and started talking with each other After some days, Krishan Thakur took her mother's mobile numberother After some days, Krishan Thakur took her mother's mobile numberother After some days, Krishan Thakur took her mother's mobile numberother After some days, Krishan Thakur took her mother's mobile number from her and they started talking with each other on phone. In the monthfrom her and they started talking with each other on phone. In the monthfrom her and they started talking with each other on phone. In the monthfrom her and they started talking with each other on phone. In the month of November 2023, he invited her to meet himof November 2023, he invited her to meet himof November 2023, he invited her to meet him at Shri Shyam Babaat Shri Shyam Baba Market and she went there to meet him. After reaching there, he told thatMarket and she went there to meet him. After reaching there, he told thatMarket and she went there to meet him. After reaching there, he told thatMarket and she went there to meet him. After reaching there, he told that her friends's hotel was nearby and they should go there. On believing hisher friends's hotel was nearby and they should go there. On believing hisher friends's hotel was nearby and they should go there. On believing hisher friends's hotel was nearby and they should go there. On believing his
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| words, she went to hotel, where he mixed something in her cold drink andwords, she went to hotel, where he mixed something in her cold drink andwords, she went to hotel, where he mixed something in her cold drink andwords, she went to hotel, where he mixed something in her cold drink and | |||
forcibly establforcibly established physical relations with her and also clicked herished physical relations with her and also clicked herished physical relations with her and also clicked her obscene photos/videos and said that if she disclosedobscene photos/videos and said that if she disclosedobscene photos/videos and said that if she disclosed this to anyone, heto anyone, he would makewould make viral the photos/videos and also given threat to kill herviral the photos/videos and also given threat to kill herviral the photos/videos and also given threat to kill her family members. Due to threat and insult, she did not disclofamily members. Due to threat and insult, she did not disclofamily members. Due to threat and insult, she did not disclose about these about the alleged incident to anyone. In the month of December 2023, he againalleged incident to anyone. In the month of December 2023, he againalleged incident to anyone. In the month of December 2023, he againalleged incident to anyone. In the month of December 2023, he again called her in the same hotel by giving threat to viral her obscenecalled her in the same hotel by giving threat to viral her obscenecalled her in the same hotel by giving threat to viral her obscenecalled her in the same hotel by giving threat to viral her obscene photos/video and committed rape with her. Krishan Thakur and otherphotos/video and committed rape with her. Krishan Thakur and otherphotos/video and committed rape with her. Krishan Thakur and otherphotos/video and committed rape with her. Krishan Thakur and other personspersonspersons werewerewere makingmakingmaking callscallscalls andandand messagesmessagesmessages fofoforr establishingestablishing physicalphysical relations/physical exploitation and due to which, she disclosed all incidentrelations/physical exploitation and due to which, she disclosed all incidentrelations/physical exploitation and due to which, she disclosed all incidentrelations/physical exploitation and due to which, she disclosed all incident to her parentsto her parents.
After registration of thAfter registration of this case, investigation was conduis case, investigation was conducted. Site plancted. Site plan depicting the place of occurrence was prepared. The victim was gdepicting the place of occurrence was prepared. The victim was gdepicting the place of occurrence was prepared. The victim was gotot medico-legally examined. Her statement under Section 183 BNSS waslegally examined. Her statement under Section 183 BNSS waslegally examined. Her statement under Section 183 BNSS waslegally examined. Her statement under Section 183 BNSS was alsoalso gotgot recordedrecorded... TheTheThe appellantappellantappellant waswaswas arrestedarrestedarrested ononon 20.11.2024.20.11.2024.20.11.2024. TheTheThe appellant was also medicoappellant was also medico-legally examined. One mobile phone mlegally examined. One mobile phone makeake Realme was got recovered from the appellant. On 04.12.20Realme was got recovered from the appellant. On 04.12.20Realme was got recovered from the appellant. On 04.12.2024, caste24, caste certificate of the victim was got verified and thereafter, Section 3(2)(V) ofcertificate of the victim was got verified and thereafter, Section 3(2)(V) ofcertificate of the victim was got verified and thereafter, Section 3(2)(V) ofcertificate of the victim was got verified and thereafter, Section 3(2)(V) of SC/ST Act was added. The mobile phone which was got recovered fromSC/ST Act was added. The mobile phone which was got recovered fromSC/ST Act was added. The mobile phone which was got recovered fromSC/ST Act was added. The mobile phone which was got recovered from the appellant deposited in DITAC Gurugram. The date of birth certificatethe appellant deposited in DITAC Gurugram. The date of birth certificatethe appellant deposited in DITAC Gurugram. The date of birth certificatethe appellant deposited in DITAC Gurugram. The date of birth certificate of the victim was also obtaof the victim was also obtained from the school where she studied.ined from the school where she studied.ined from the school where she studied. Statement of witnesses were recorded. After completion of investigation,Statement of witnesses were recorded. After completion of investigation,Statement of witnesses were recorded. After completion of investigation,Statement of witnesses were recorded. After completion of investigation, challan was presented against the appellantchallan was presented against the appellantchallan was presented against the appellant.
Learned counsel for the appellant submitted that the present appellant isLearned counsel for the appellant submitted that the present appellant isLearned counsel for the appellant submitted that the present appellant isLearned counsel for the appellant submitted that the present appellant is in custody sinin custody since 20.11.2024, since the day of his arrest. The statement of1.2024, since the day of his arrest. The statement of1.2024, since the day of his arrest. The statement of
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| the victim had already been recorded. Learned trial Court erroneouslythe victim had already been recorded. Learned trial Court erroneouslythe victim had already been recorded. Learned trial Court erroneouslythe victim had already been recorded. Learned trial Court erroneously | |||
dismissed the bail of the appellant for grant of regular baildismissed the bail of the appellant for grant of regular baildismissed the bail of the appellant for grant of regular bail. He also. He also submits that the appellant is also involved in three other casubmits that the appellant is also involved in three other casubmits that the appellant is also involved in three other cases but he is onses but he is on bail on those cases.bail on those cases.
Learned State counsel while relying upon the previous status report datedLearned State counsel while relying upon the previous status report datedLearned State counsel while relying upon the previous status report datedLearned State counsel while relying upon the previous status report dated 05.08.2026 and the compliance report dated 08.09.2026 filed in Court05.08.2026 and the compliance report dated 08.09.2026 filed in Court05.08.2026 and the compliance report dated 08.09.2026 filed in Court05.08.2026 and the compliance report dated 08.09.2026 filed in Court today, has submitted that the victim in her statement under Section 183today, has submitted that the victim in her statement under Section 183today, has submitted that the victim in her statement under Section 183today, has submitted that the victim in her statement under Section 183 BNSS as well as her statement recorded before the learned trial Court hadBNSS as well as her statement recorded before the learned trial Court hadBNSS as well as her statement recorded before the learned trial Court hadBNSS as well as her statement recorded before the learned trial Court had specifically corroborated the allegations against the appellant. It is alsospecifically corroborated the allegations against the appellant. It is alsospecifically corroborated the allegations against the appellant. It is alsospecifically corroborated the allegations against the appellant. It is also submitted that the present appellant has committed the penetrative sexualsubmitted that the present appellant has committed the penetrative sexualsubmitted that the present appellant has committed the penetrative sexualsubmitted that the present appellant has committed the penetrative sexual assault with the victim and clicassault with the victim and click her obscene photographs and videos andk her obscene photographs and videos andk her obscene photographs and videos and threatenedthreatenedthreatenedthreatened herherherher hehehehe wouldwouldwouldwould makemakemakemake thosethosethosethose photographsphotographsphotographsphotographs andandandand videosvideosvideosvideos viral.viral.viral.viral. Therefore, he is not entitled for grant of regular bail.Therefore, he is not entitled for grant of regular bail.Therefore, he is not entitled for grant of regular bail.
As per the compliance report dated 08.09.2026, the present appellant isAs per the compliance report dated 08.09.2026, the present appellant isAs per the compliance report dated 08.09.2026, the present appellant isAs per the compliance report dated 08.09.2026, the present appellant is involved in threeinvolved in three other cases, detail of which is as under:other cases, detail of which is as under:-
FIRFIRFIR No.157No.157No.157 dateddateddated 17.04.202417.04.202417.04.2024 registeredregisteredregistered underunderunder Sections 61-4-202020 ofofof H.A.H.A.H.A. Act,Act,Act, PolicePolicePolice StationStationStation OldOldOld Faridabad.
FIRFIRFIR No.163No.163No.163 dateddateddated 25.04.202425.04.202425.04.2024 registeredregisteredregistered underunderunder Sections 61-4-202020 ofofof H.A.H.A.H.A. Act,Act,Act, PolicePolicePolice StationStationStation OldOldOld Faridabad.
FIRFIRFIR No.242No.242No.242 dateddateddated 06.07.202406.07.202406.07.2024 registeredregisteredregistered underunderunder Sections 25-54-59 of Arms Act, Police Station Old59 of Arms Act, Police Station Old59 of Arms Act, Police Station Old Faridabad.
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| The appellant is on bail in those case and the cases are at the stage ofThe appellant is on bail in those case and the cases are at the stage ofThe appellant is on bail in those case and the cases are at the stage ofThe appellant is on bail in those case and the cases are at the stage of | |||
prosecution evidence. In the present case, mobile of the appellant hadprosecution evidence. In the present case, mobile of the appellant hadprosecution evidence. In the present case, mobile of the appellant hadprosecution evidence. In the present case, mobile of the appellant had already been handed over to the Police and the report from DITAC,already been handed over to the Police and the report from DITAC,already been handed over to the Police and the report from DITAC,already been handed over to the Police and the report from DITAC, Gurugram is still awaited. The statement of thGurugram is still awaited. The statement of thGurugram is still awaited. The statement of the victim had already beene victim had already been recorded. The remaining prosecution witnesses to be examined against therecorded. The remaining prosecution witnesses to be examined against therecorded. The remaining prosecution witnesses to be examined against therecorded. The remaining prosecution witnesses to be examined against the appellant who are official witnesses and there is no chance of their beingappellant who are official witnesses and there is no chance of their beingappellant who are official witnesses and there is no chance of their beingappellant who are official witnesses and there is no chance of their being influenced by the present appellant. The completion of trial against him isinfluenced by the present appellant. The completion of trial against him isinfluenced by the present appellant. The completion of trial against him isinfluenced by the present appellant. The completion of trial against him is likely to take time.to take time. Therefore, without commeithout commenting on the merits of thenting on the merits of the case, this Court is of the view that thethis Court is of the view that the appellantappellant deserves the concessiondeserves the concession of interim preof interim pre-arrest bail.
Accordingly, the instantAccordingly, the instant appeal is allowed, and theis allowed, and the appellant is ordered tois ordered to bebebebe releasedreleasedreleasedreleased onononon regularregularregularregular bailbailbailbail onononon furnishingfurnishingfurnishingfurnishing bail/suretybail/suretybail/suretybail/surety bondsbondsbondsbonds totototo thethethethe satisfaction of the learned trial Court/Duty Magistrate, subject to thesatisfaction of the learned trial Court/Duty Magistrate, subject to thesatisfaction of the learned trial Court/Duty Magistrate, subject to thesatisfaction of the learned trial Court/Duty Magistrate, subject to the following conditions:following conditions:-
| The appellant shall not leave the country without priorshall not leave the country without priorshall not leave the country without prior | |||
| permission of the trial Court and shall deposit thel Court and shall deposit the | |||
| passport in the trial Court.passport in the trial Court. | |||
| The appellant will not tamper with the evidence duringtamper with the evidence duringtamper with the evidence during | |||
the trial.
The appellant will not pressurize/ intimidate thewill not pressurize/ intimidate the prosecution witnesses.
| The appellant will appear before the trial Court onwill appear before the trial Court on | |||
| each and every date fixed, unless is exempted by aeach and every date fixed, unless is exempted by a | |||
| specific order of Court.specific order of Court. | |||
| The appellant shall not commit an offence similar toshall not commit an offence similar to | |||
| the offence of which, he is an accused, or forthe offence of which, he is an accused, or for | |||
| commission of which he is suspected of.commission of which he is suspected of. | |||
| The appellant shall not directly or indirectly coerce,shall not directly or indirectly coerce, | |||
| induce, threaten or promise to any person acquaintedinduce, threaten or promise to any person acquainted | |||
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| with the facts of the case so as to dissuade him/herwith the facts of the case so as to dissuade him/her | |||
| from disclosing such facts to the Court or to any policefrom disclosing such facts to the Court or to any policefrom disclosing such facts to the Court or to any police | |||
| officer or tamper with the evidence in | officer or tamper with the evidence in any manner. | ||
| The appellant shall not in any manner misuse hisshall not in any manner misuse his | |||
liberty.
| The appellant shall furnish his address and mobileshall furnish his address and mobile | ||
| number to the Trial Court forthwith and shall notnumber to the Trial Court forthwith and shall not | ||
| change the same till the conclusion of the trial and inchange the same till the conclusion of the trial and in | ||
| case for any reason, the | ||
| of the aforesaid, the same shall be done only with priorof the aforesaid, the same shall be done only with priorof the aforesaid, the same shall be done only with prior | ||
| intimation to the learned Trial Court, stating the reasonintimation to the learned Trial Court, stating the reasonintimation to the learned Trial Court, stating the reason | ||
for the same.
| The trial Court/Duty Magistrate may impose any otherThe trial Court/Duty Magistrate may impose any otherThe trial Court/Duty Magistrate may impose any other | |
| condition, as deemed appropriate while releasincondition, as deemed appropriate while releasing the |
appellant.
9 ItItItIt isisisis mademademademade clear thatclear thatclear thatclear that inininin case there iscase there iscase there iscase there is any breachany breachany breachany breach ofofofof the aforesaidthe aforesaidthe aforesaidthe aforesaid conditions, the State shall be at liberty to seek cancellation of bail asconditions, the State shall be at liberty to seek cancellation of bail asconditions, the State shall be at liberty to seek cancellation of bail asconditions, the State shall be at liberty to seek cancellation of bail as granted to the appellant by this order.granted to the appellant by this order.
In view of the above, it is clarified that the observations made herein areIn view of the above, it is clarified that the observations made herein areIn view of the above, it is clarified that the observations made herein areIn view of the above, it is clarified that the observations made herein are limited for the purpose of present proceedings and would not be construedlimited for the purpose of present proceedings and would not be construedlimited for the purpose of present proceedings and would not be construedlimited for the purpose of present proceedings and would not be construed as an opinion on the merits of the case and the trial would proceedas an opinion on the merits of the case and the trial would proceedas an opinion on the merits of the case and the trial would proceedas an opinion on the merits of the case and the trial would proceed independently of the aforesaid observindependently of the aforesaid observations.ations.
Pending application, if any, also stands disposed of.Pending application, if any, also stands disposed of.Pending application, if any, also stands disposed of.