IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

CRM-M ________ of 2023

Shiv Shakti
(Now confined in Central Jail-II, Hisar)
..................Petitioner
Versus
State of Haryana
…….Respondent
INDEX
Sr. Particular Dated Pages Court
No. Fee
A. Urgent Form 29.04.2023
1. Application U/s 438 Cr.PC 29.04.2023
2. Petition U/S 439 Cr.PC 29.04.2023
3. Annexure P-1 (Challan) 23.02.2023
4. Annexure P-2 ( Order) 28.03.2023
5. Power of Attorney and ID Poof Nil
VERNACULARS
6. Annexure P-1 (Challan) 23.02.2023

Note: 1. Any other Similar Case: No

2. Copy Supplied to AG, Punjab.
3. Whether any sitting MP/MLA is involved in the case
or not: No

Place: Chandigarh Narinder S Lucky Krishan Kanha

Dated: 29.04.2023 PH223228 PH222659
P-1317/2003 PH/3668/2020
Advocates
Counsels for the Petitioner
 1

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

CRM-M ________ of 2023

Shiv Shakti
(Now confined in Central Jail-II, Hisar)
..................Petitioner
Versus
State of Haryana
…….Respondent

Application under Section 482

Cr.PC for grant of exemption from

filing the copy of FIR and

permission be granted to annex

the copy of Challan, in the interest

of justice.

RESPECTFULLY SHOWTH:

1. That the petitioner is filing the above noted

petition before this Hon’ble court and the same is likely to

succeed on the grounds taken therein.

2. That the petitioner is not having the copy of FIR

because FIR involves crime against women and the same is

not uploaded on the website. Therefore the petitioner is filing

the copy of Challan for the assistance of this Hon’ble Court,

in which the entire version and facts of the case have been

recorded.
 2

3. That procuring of the copy of FIR will delay the

matter. Therefore, the present application is being filed.

It is, therefore, respectfully prayed that the

present application may kindly be allowed and the petitioner

may kindly be granted exemption from filing the copy of FIR

and permission may kindly be granted to annex the copy of

Challan, in the interest of justice.

Note: Affidavit is not required because petitioner is in jail.

Place: Chandigarh (Narinder S Lucky & Krishan Kanha)

Dated: 29.04.2023 Advocates
Counsels for the Petitioner
 3

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

CRM-M _________ of 2023

MEMO OF PARTIES

Shiv Shakti, aged 23 years, son of Hansraj, resident of

Village Mohamadpur Rohi, Tehsil and District Fatehabad.

Mobile No. 94668-93023, Aadhar Card No.

(Now confined in Central Jail-II, Hisar)

…….Petitioner

Versus

State of Haryana

…….Respondent

Place: Chandigarh (Narinder S Lucky & Krishan Kanha)

Dated: 29.04.2023 Advocates
Counsels for the Petitioner
 4

First Petition under Section 439

Cr.P.C. for grant of regular bail to

the petitioner in case FIR No. 03

dated 23.02.2023, under Section

354D(2), 509 of IPC, ,12 of POCSO

Act and 66-C, 67-A, 67-B of IT Act

(Section 67-A of IT Act deleted and

Section 66-E of IT Act & Section

474 of IPC added later on),

registered at PS Cyber Crime,

District Fatehabad, during the

pendency of trial, in the interest of

justice.

RESPECTFULLY SHOWETH:

1. That the petitioner is resident of above mentioned

address and is therefore competent to file present petition

before this Hon’ble Court.

2. That in the above noted false FIR, the petitioner

has been falsely implicated whereas he has not committed

any offence and he was not involved in any alleged crime. A

true translated copy of the Challan dated 23.02.2023 is

annexed herewith as Annexure P-1.

 5

3. That from the bare perusal of the FIR, it shows

that the petitioner has not been named in the FIR and the

FIR is against some unknown persons. It was stated in the

FIR that some unknown person has created two false

accounts on Instagram in the name of daughter of the

complainant. It was further alleged that some obscene

photographs and material have been posted on the said

accounts.

4. That the petitioner has been arrested on the basis

of suspicion as it was alleged that earlier also some dispute

has taken place with the daughter of the complainant and

the matter was settled in the Panchayat.

5. That on this suspicion only, the petitioner was

nominated as accused in the above noted FIR. Otherwise

there is no evidence which can suggest that the petitioner is

involved in the alleged crime.

6. That at the time of arrest, the phone of the

petitioner was taken into custody and after examining the

same, nothing offensive or obscene material was retrieved

with respect to the alleged fake accounts created on

Instagram.
 6

7. That the petitioner had neither created any such

accounts nor had ever uploaded any pictures or any obscene

material related to the victim.

8. That the petitioner has been implicated only on

the basis of suspicion and police official failed to arrest real

culprit and in order to close the case, they had nominated

the innocent person.

9. That the offence U/s 474 IPC has been added later

on during investigation. Whereas it is worth to submit here

that the ingredients of Section 474 IPC does not fulfil and

other offences carries a sentence upto 03 years only.

10. That due to his false implication and long custody

without any fault, petitioner moved an application for grant

of regular bail before the Sessions Court, Fatehabad. But his

bail application was dismissed by Ld. Additional Sessions

Judge, Fatehabad vide his order dated 28.03.2023. A copy of

the order dated 28.03.2023 is annexed herewith as

Annexure P-2.

11. That the bail application of the petitioner has been

wrongly declined by the Ld. Additional Sessions Judge,

Fatehabad without appreciating the fact that nothing was

recovered from the petitioner.

 7

12. That the investigation in the present case is

completed and the challan has been filed in the Court and

the conclusion of the trial will take a long time and the

petitioner cannot be kept behind bars for indefinite period.

13. That the petitioner is law-abiding citizen with the

clean record and has been falsely implicated in a calculated

conspiracy in which he is not involved in any manner.

14. That the petitioner is not involved in any other

criminal activity and he has been falsely implicated in the

present case only on the basis of suspicion and there is no

other evidence or any material against the petitioner, which

can suggest that he is involved in the alleged crime.

15. That even from the perusal of FIR and from the

investigation, no offence is made out against the petitioner.

16. That the petitioner will face the trial and

undertakes not to misuse the concession of bail and ready to

furnish heavy surety.

17. That the petitioner will abide by the terms and

conditions as laid down U/s 439 Cr.P.C. and will not temper

with prosecution evidence in any manner.

18. That as per the instructions, the petitioner is not

involved in any other criminal case and he has not been

declared proclaimed offender by any Court.

 8

19. That petitioner has not filed such or similar

petition before Hon’ble Supreme Court of India or before this

Hon’ble court and no similar bail application is pending

before Trial Court, Fatehabad.

It is, therefore, respectfully prayed that the

present petition may kindly be allowed and petitioner may

kindly be granted regular bail in case FIR No. 03 dated

23.02.2023, under Section 354D(2), 509 of IPC, ,12 of

POCSO Act and 66-C, 67-A, 67-B of IT Act (Section 67-A of

IT Act deleted and Section 66-E of IT Act & Section 474 of

IPC added later on), registered at PS Cyber Crime, District

Fatehabad, in the interest of justice.

It is further prayed that the petitioner may kindly

be exempted from filing the certified copy of Challan, in the

interest of justice.

Note: Affidavit is not required because petitioner is in jail.

Place: Chandigarh (Narinder S Lucky & Krishan Kanha)

Dated: 29.04.2023 Advocates
Counsels for the Petitioner
 9

ANNEXURE P-1

FINAL FORM/ REPORT

(Under Section 173 Cr.P.C.)

In the court of Sh. Sunil Jindal ASJ Fatehabad

1. District: FATEHABAD P.S: CYBER CRIME

FIR No. 003 Date: 23.02.2023

2. Final Report/ Charge Sheet No.: 01

3. Dated 16.03.2023

4.
Sr. Acts Sections
No.
1. POCSO Act 12

2. IT Act 66C

3. IPC, 1860 354-D (2)

4. IPC, 1860 509

5. IT Act 67B

6. IT Act 66E

7. IPC, 1860 474

5. Type of Final Report: Charge Sheet

6. IF FIR Uncoccured:

7. If Charge Sheet: Original

8. Name of IO: Ravish Kumar

Xxx

Xxx

Xxx

Xxx
 10

16. Brief Facts of the Case:-

Brief facts of the case are like that, on 23.02.2023, the

complainant Sadhu Ram filed complaint before Cyber Police

Station Fatahebad, and the same is as follows, “To SHO PS

Cyber Crime District Fatehabad, Sir it is submittd that I,

Sadhu Ram S/o Inder Singh is resident of Kajal Hedi,

District Fatehabad and doing agriculture work. I have two

daughters and one son. The name of my elder daughter is

Sakshi and she is studying in Dhanger Polytechnic. For the

last few days, some unknown person is defaming us after

making Instagram account in the name of my daughter

Sakshi i.e. Sakku.Saharan.01 dated 15.02.2023 and

thereafter another account i.e. Sakku.Saharan.08 dated

19.02.2023 and has uploaded obscene post and mobile

number 70155-33909 of my daughter. That unknown

person had uploaded obscene post on the Instagram account

i.e. Sakku.Saharan.08 on 20.02.2023 of my daughter. This

fact has been disclosed by my daughter Sakshi. My daughter

is under fear. Her date of birth is 24.05.2005. The

screenshots of above Instagram account URL, obscene

remarks of Instagram mobile and Aadhar Card of daughter is

attached with complaint. After tracing the above unknown

person, strict legal action may be taken. Sd/- Sadhu Ram

 11

S/o Inder Singh, R/o Kajal Hedi, District Fatehabad, Mobile

No. 70155-33909. Dated 23.02.2023.

Xx

Xxx

Xxx

Xxx

True Translated Copy

Advocate