Tinku vs State Of Haryana

CRM-M-32132-2026 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
219
CRM-M-32132-2026
Decided on : 11.11.2026
TINKU
......Petitioner
Versus
STATE OF HARYANA
......Respondent
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
Present: Mr. Kamal Chaudhary, Advocate,
for the petitioner.
Mr. Gaurav Bansal, DAG, Haryana.

SANJAY VASHISTH, J.
1. The instant petition has been filed under Section 483 of
BNSS, 2023 (earlier Section 439 Cr.P.C.), for grant of regular bail to the
petitioner, during the pendency of trial, who has been booked in a
criminal case arising out of First Information Report, as detailed
hereunder:-
Name of
Petitioner(s)
FIR
Date Section(s) Police
Station
District
No.
Tinku, aged
11 04.02.2026 67-B of
Information
Technology
Cyber
Crime
Panchkula
about 27
years
Act, 2000
2. FIR in the present case was registered on the basis of an
online complaint made by complainant SI Shyam Sunder. In relation to
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CRM-M-32132-2026 2
the Instagram account allegedly belonging to petitioner Tinku, SI Shyam
Sunder submitted an investigation report before the Cyber Crime Police
Station, Panchkula, wherein it was reported that a communication had
been received from the Online Cybercrime Reporting Portal concerning
Women and Children (OCWC), Indian Cyber Crime Coordination Centre
(I4C), Ministry of Home Affairs, the gist of which was noticed as under:-
“The Indian Cyber Crime Coordination Centre (14C),
under the Ministry of Home Affairs Government of
India, has been actively working towards enhancing
safety and security for women and children in
cyberspace through its dedicated vertical on online
Crime against Women and Children (OCWC)wing. As
part of our mandate, we continuously monitor and
analyse trends, patterns, and specific instances of
online abuse targeting vulnerable groups, particularly
women and children. As a continuation of our efforts
our team has identified new repeated offenders from
Haryana. In addition to the same, we have also
attached details of potential CSAM content creators.
The above tiplines are filtered using Proactive
Monitoring Tool (PMT) indicating high probability of
Child Sexual Exploitation Abuse Material (CSEAM)
in the content. Some Google CT reports may Not have
an evidence file but its associated tiplines will contain
confirmed CSEAM content. In which Mobile Number
9813518664 has been shown. On which, as per the
Tipline report, a total of 17 complaints are registered,
upon observation of which it is found that the
Instagram ID mr.morwal.524, which is registered on
[email protected] and Mobile Number
9813518664, through which the suspect has been
repeatedly sending obscene videos/photos related to
minor children to the Instagram IDs of other persons.
Regarding the suspected Mobile Number 9813518664,
the SDR (Subscriber Details Record) was obtained
from the concerned mobile SIM company Vodafone,
according to which SDR, the subscriber of this
number is found to be Tinku, resident of Jui, Bhiwani,
District Bhiwani. According to the aforesaid letter, the
suspected person sending obscene photos/videos
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CRM-M-32132-2026 3
related to children on social media to other persons is
found to constitute a cognizable offence under Section
67B of the Information Technology Act 2000, therefore
the preliminary investigation report is submitted into
service for action in accordance with the ruler. SD/
Shyam Sunder SI (Sub-Inspector) Shyam Sunder No.
128/Fatehabad, Nodal Cyber Crime Police Station,
Haryana Panchkula Date 04.02.2026 Mobile No.
9416404555.”
3. Since the aforesaid Instagram account was found to be
linked with mobile phone number 98135-18664, allegedly belonging to
the petitioner, it was noticed that total 17 complaints had been registered
in relation to the said Instagram account, which was allegedly being
operated by the petitioner.
Consequently, FIR in question came to be registered against
the petitioner.
4. On the very outset, learned State counsel has produced
custody certificate dated 09.11.2026 in Court today, which is taken on
record. Office is directed to tag the same at the appropriate place on the
file. A copy thereof has also been handed over to learned counsel for the
petitioner.
As per the custody certificate, petitioner has undergone
actual custody of 08 months and 23 days in the present case.
5. Learned State counsel has also placed on record status report
dated 06.10.2026, which is taken on record. Registry is directed to tag the
same at the appropriate place on the file.
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CRM-M-32132-2026 4
6. Learned State counsel submits that petitioner has allegedly
been repeatedly involved in uploading obscene videos relating to women
and children and total 17 such instances have come to light. The Child
Sexual Exploitation and Abuse Material (CSEAM) tipline reports, as
appended with the status report, also refer to 17 instances allegedly
linked to the petitioner, the details whereof are as under:-
S. No. Tipline Report Nos. S. No. Tipline Report
Nos.
1. 221617321 10. 219823491
2. 222275018 11. 220637492
3. 214625916 12. 224766869
4. 220638635 13. 217878708
5. 215032135 14. 227358893
6. 212617672 15. 211736240
7. 199646308 16. 213792205
8. 217071073 17. 216824251
9. 221363708
7. This Court has heard the submissions advanced by learned
counsel for the parties and has also gone through the record available on
file.
8. A perusal of status report filed by the State reveals that no
specific clarification has been furnished as to whether, during the course
of investigation, petitioner was subjected to any medical or psychiatric
examination by a qualified specialist to ascertain whether any underlying
psychological or psychiatric condition could have a bearing upon the
alleged conduct. The issue assumes significance in the peculiar facts and
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CRM-M-32132-2026 5
circumstances of the present case, particularly having regard to the nature
and repetitive character of the allegations. If any such underlying
condition exists, the same requires appropriate medical attention and
assessment, rather than merely allowing the petitioner to remain
incarcerated for an indefinite period without examining that aspect.
9. This Court views allegations of such nature with utmost
seriousness, particularly when they concern women and children. Such
conduct, if established, is wholly unacceptable in a civilised society.
However, while dealing with cases involving such
allegations, it is equally important to examine whether any underlying
psychological or psychiatric factors may be contributing to the alleged
behaviour. Unless the reasons behind such conduct are properly
examined, the investigating agency may not be able to effectively address
the possibility of its recurrence, nor the objective of preventing further
victimisation would be adequately achieved.
10. Accordingly, if the Investigating Officer has not already
undertaken the above said exercise, he is directed to ensure that petitioner
is examined, without any further delay, by a qualified psychiatrist or
other appropriate medical specialist, so that any underlying psychological
or psychiatric condition, if present, may be identified and appropriate
medical intervention may be recommended.
Such an exercise would also be relevant for devising
appropriate measures to prevent any recurrence of similar conduct in
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CRM-M-32132-2026 6
future, including in cases involving other persons allegedly indulging in
such activities.
11. Petitioner is inside jail since 16.02.2026 and, as per the
custody certificate, has already undergone 08 months and 23 days of
incarceration. Further, except of the present case, no other criminal case
is stated to have been registered against him. Keeping him behind bars
for an indefinite period, particularly when the trial is likely to take
considerable time to conclude, would serve no useful purpose for the
prosecution.
12. In view of the totality of facts and circumstances of the case,
nature of the allegations levelled against the petitioner, period of custody
already undergone by him, and the other factors noticed here above, this
Court deems it appropriate to extend the concession of regular bail to the
petitioner in the present case.
Consequently, prayer made in the present petition is
allowed . Petitioner is ordered to be released on bail, subject to his
furnishing bail/surety bonds to the satisfaction of the learned trial Court/
Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned,
if not required in any other case.
13. Needless to observe that the petitioner shall not extend any
threat and shall not influence any prosecution witness in any manner
directly or indirectly.
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CRM-M-32132-2026 7
14. Any of the discussion done and recorded here above, shall
not be construed as an expression of opinion on the facts of the case.
Therefore, trial Court is expected to decide the case by taking an
independent view, on the basis of evidence available on record, as
expeditiously as possible, in accordance with law.
15. Petition stands disposed of.
16. A copy of this order be forwarded to the Home Secretary,
Punjab, Haryana and Union Territory of Chandigarh, for
consideration and examination of the suggestion made herein
regarding the medical examination of such accused persons.
(SANJAY VASHISTH)
JUDGE
11.11.2026
Lavisha
Whether Speaking/Reasoned: YES/NO
Whether Reportable: YES/NO
LAVISHA
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