Sachin Chandila vs State Of Haryana

Kirti Singh, J

Prayer in the present petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), is for grant of anticipatory bail to the petitioner, in case FIR No.89 dated 16.09.2025, under Sections 61(2), 79, 351(2) of BNS and Section 66-E, 67, 67-A of Information Technology Act (Section 64 of BNS was added later on), registered at Women Police Station, Faridabad, District Faridabad.

Vide order dated 08.04.2026, the petitioner was directed to join investigation. The said order is reproduced hereinafter:-

"Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on the basis of the statement of the complainant, on the allegations of transmitting obscene material on social media. It is submitted that the present FIR is a result of personal enmity, as the petitioner had earlier lodged a complaint against the husband of the complainant on 06.05.2025 at P.S. BPTP Sector 76, Faridabad. It is further submitted that the complainant has even failed to produce the alleged photographs or videos before the investigating agency, clearly depicting mala fide intent on her part. Moreover, the allegation of sexual assault was not made in the FIR, but was subsequently introduced in the statement under Section 183 BNSS with an ulterior motive to aggravate the case. It is further submitted that moreover the mobile phone or number allegedly used in the commission of the offence does not belong to the petitioner or any of his family members. Thus, there is no material on record to substantiate the allegations leveled against the petitioner, who is ready and willing to join the investigation and cooperate.

Adjourned to 05.05.2026.

In the meantime, the petitioner(s) is directed to join investigation before the Investigating Agency/Officer. He shall abide by the following conditions as envisaged under Section 482(2) BNSS, 2023;-

(1) That the petitioner(s) shall make himself available for interrogation by a police officer as and when required to do so.

(2) That the petitioner(s) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts to the case so as to dissuade him from disclosing such facts to Court or to any police officer.

(3) That the petitioner(s) shall not leave India without prior permission of the Court.

Needless to mention that the investigating agency/officer shall continue with the investigation of the case in usual manner"

However, the learned counsel appearing on behalf of the complainant has vehemently opposed the prayer and submits that subsequent to the passing of the order dated 08.04.2026 by this Court whereby the petitioner was directed to join investigation, the husband of the victim was assaulted, regarding which FIR No.102 dated 22.04.2026 has been registered against the assailants..

Learned State counsel on instructions from the investigating officer concerned, submits that in compliance of order dated 08.04.2026, the petitioner has joined the investigation on 22.04.2026 and is not required for any further investigation. She filed status report by way of affidavit of Assistant Commissioner of Police, Old, Faridabad, on behalf of the State, which is taken on record. As regards the submission with respect to the registration of FIR No.102 is concerned, learned State counsel while placing reliance on the said status report submits that the FIR No.102 has been registered against as many as 5 assailants, and during the course of submits that the present petitioner has neither been named as an accused in the said FIR, nor any role has been attributed to him. The said FIR pertains to a different incident, which has no connection with the present FIR.

Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 08.04.2026 passed by this Court, is hereby made absolute, subject to the condition enumerated under Section 482(2) BNSS.

This order should not be treated as "blanket" order. It will not be read as granting the petitioner(s) indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence.

The accused-petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any police officer. It is also ordered that the petitioner shall not make any attempt to re-associate with the complainant or her family members in any manner, either through a device or in-person.

Liberty is reserved with the investigating agency/complainant to move to this Court for a direction under Section 483(3) of BNSS, 2023 (erstwhile Section 439(2) of Cr.P.C.), in the event of violation of any term, stipulated under Section 482(2) BNSS, or upon showing any other sufficient cause.

Miscellaneous application(s), if any, also stands disposed of.