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2018 DIGILAW 4286 (PNJ)

Parmod @ Pramod v. State of Haryana

2018-11-01

FATEH DEEP SINGH

body2018
JUDGMENT Mr. Fateh Deep Singh, J. (Oral):- The allegations against the accused-petitioner are that the prosecutrix, who is aged around 19 years, entered into a relationship about 3 years ago and had been meeting often and during the course of the same had submitted to the desires of the petitioner and that the petitioner promised her of marrying her and subsequently, he refused to undergo the obligation, resulting into registration of the FIR. She was lastly ravished on 14.2.2018. 2. The contention of learned counsel for the petitioner that the complainant is a grown up girl and volunteered to this consensual relationship and placed reliance on photographs Annexures P-3 and P-4 and submitted that the petitioner is behind the bars since for almost 3 months and 8 days. 3. Learned State counsel, on instructions from ASI Neetu, Police Station Women, District Faridabad, does not dispute the factual aspect of the matter but has sought to oppose the grant of bail on the grounds of heinousness of the offence and seriousness of the allegations. 4. After going through the submissions, admittedly, the petitioner as well as the complainant are major and so were in relationship over a long period of time and there has been intermittent instances of physical relations between the two, rather inordinate delay that has been occasioned in lodging of the FIR by the complainant is as such suggestive of her being and having volunteered to physical relationship with the petitioner. The culpability of the crime to be seen at the time of trial. No useful purpose would be served by keeping the petitioner behind the bars and the trial is not likely to be concluded in the near future, therefore, the petition is allowed and the petitioner is ordered to be admitted to bail on his furnishing of bail/surety bond to the satisfaction of CJM/trial Court.