Allowed

Amit Kumar Bhardwaj v. State of Haryana

Punjab & Haryana HC25 Sept 2024CRM-M/19310/2024

Case brief

AI extract

What is this about?

Single Judge of the Punjab and Haryana High Court heard a bail application in a rape case. The petitioner challenged delay in FIR, prosecutrix's disclosures, and trial pace. The Court accepted the petition and granted regular bail on production of bonds without commenting on merits.

What did the court decide?

Petitioner admitted to bail on furnishing bail bonds and surety bonds to the satisfaction of the trial Court/Duty Magistrate on usual terms.

Amit Kumar Bhardwaj Vs State of Haryana — Bail and Remand | Punjab & Haryana HC (2024)

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S. No.218

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-19310 of 2024 Date of Decision: 25.09.2024

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Amit Kumar Bhardwaj

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.....Pe22oner

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Vs.

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State of Haryana .....Respondent

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CORAM:HON'BLE MR. JUSTICE DEEPAK GUPTA

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Present:Mr. Abhimanu Jangra, Advocate for the pe��oner. Mr. R.K.S. Brar, Addl. AG, Haryana.

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DEEPAK GUPTA, J. (Oral)

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By way of this pe��on filed under Sec�on 439 of the Code of Criminal Procedure, 1973, pe��oner prays for his release on regular bail in case FIR No.212 dated 03.04.2023 registered under Sec�ons 180, 201, 313, 354A, 376(2)(n), 506, 34 IPC at Police Sta�on Sector-10, District Gurugram.

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Status report by way of an affidavit of Shri Shiva Archan, HPS, Assistant Commissioner of Police, West, Gurugram, on behalf of the respondentState along with the custody cer�ficate, have been filed on behalf of the respondent- State.

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FIR was lodged on the complaint made by the prosecutrix, as per which she was working with Property Point Pvt. Ltd. Company, Gurugram belonging to one Anil Chawla, where the pe��oner Amit Kumar Bhardwaj was also working. Pe��oner and the complainant became friends and used to stay in one room. It was alleged that on the pretext of marriage, pe��oner established physical rela�ons with her. She became pregnant. Pe��oner provided some medicines, causing miscarriage. Pe��oner then went to his home in Himachal Pradesh on the pretext of illness of his father and when she called him, his mother assured to get both of them married. Later on, pe��oner refused to even recognize the prosecutrix. It is further alleged that she was tortured physically as well as mentally by the pe��oner and co-accused Anil Chawla.

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RENU 2024.09.25 18:17 I attest to the accuracy and integrity of this document Chandigarh

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4.1 It is contended by learned counsel that the pe��oner has been falsely implicated, inasmuch as prosecutrix is a lady of 36 years of age and there could be no ques�on of establishing physical rela�ons with her forcibly. She also concealed the fact that she was already married. Even the police has not inves�gated that aspect. Learned counsel has drawn aBen�on towards cross-examina�on of the prosecutrix, in which she admiBed complaint Ex.D1 to have been filed by her. Copy of that complaint is placed on record as Annexure P.8, in which the pe��oner referred herself as the wife of one Adesh Gupta.

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4.2 Learned counsel contends further that as per the allega�ons, alleged offence of performing sexual intercourse with the prosecutrix on the pretext of marriage, was commiBed during 01.01.2021 to 21.07.2022, whereas the FIR has been lodged on 03.04.2023 and that there is no explana�on regarding this delay of about nine months in lodging the FIR. Learned counsel contends that in fact FIR is an aDerthought, lodged for the purpose of money grabbing. Besides, medical evidence does not support the version of the prosecutrix.

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4.3 Learned counsel has also tried to draw aBen�on of this Court towards certain discrepancies appearing in the statement of the prosecutrix made during trial. 4.4 Learned counsel contends further that pe��oner is in custody for the last more than one year and one month with no other criminal case pending against him and that trial is moving at snail’s pace, as only 13 out of 30 witnesses have been examined so far.

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With these submissions, prayer is made for gran�ng bail to the pe��oner.

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Refu�ng the conten�ons, learned State Counsel submits that considering the nature of the allega�ons against the pe��oner, he does not deserve to be granted the benefit of bail, as he commiBed rape upon the prosecutrix on the pretext of performing marriage with her. Learned state counsel further submits that during trial, the prosecutrix has supported the prosecu�on version.

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I have considered the submissions of both the sides and perused the

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record.

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Page No.2 out of 3 pages

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RENU 2024.09.25 18:17 I attest to the accuracy and integrity of this document Chandigarh

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As per the custody cer�ficate, the pe��oner is in custody for the last 01 year 01 month and 17 days. He does not have any other criminal case pending against him. As informed by learned State Counsel, out of 30 witnesses cited by the prosecu�on, 13 have already been examined including the prosecutrix and so, there cannot be any apprehension of threatening the prosecutrix in case of grant of bail. Besides, as per the allega�ons, the offence was commiBed during 01.01.2021 to 21.07.2022, whereas FIR has been lodged in April, 2023 i.e. aDer the delay of more than eight months. Annexure P8 reveals that prima facie, prosecutrix was already married.

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Having no�ced all the afore-said facts and circumstances but without commen�ng anything on the merits of the case, present pe��on is accepted. Pe��oner is admiBed to bail on his furnishing bail bonds and surety bonds to the sa�sfac�on of learned trial Court/ Duty Magistrate concerned, on usual terms and condi�ons.

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Septemb	er 25, 2024		(DEEPAK GUPTA)
renu			JUDGE
	Whether Speaking/reasoned	Yes/No
	Whether Reportable	Yes/No

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Page No.3 out of 3 pages

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RENU 2024.09.25 18:17 I attest to the accuracy and integrity of this document Chandigarh

Amit Kumar Bhardwaj v. State of Haryana

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Amit Kumar Bhardwaj v. State of Haryana

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