Punjab-Haryana High Court
Akram vs State Of Haryana on 10 October, 2013
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
Crl.M.No.M-34779 of 2013(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl.M.No.M-34779 of 2013(O&M)
Date of Decision: October 11, 2013
Akram
.....Petitioners
v.
State of Haryana
......Respondent
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.Mohd.Salim, Advocate
for the petitioner.
.....
RAM CHAND GUPTA, J.(Oral)
The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.593, dated 27.8.2013, under Sections 366, 376, 120-B IPC, registered at Police Station Civil Lines, Gurgaon.
I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Gurgaon, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed.
Brief allegations are that as per statement of prosecutrix recorded under Section 164 Cr.P.C. before the Magistrate she had levelled allegations that she was raped by present petitioner-accused without her consent and against her will.
It has been contended by learned counsel for the petitioner- accused that prosecutrix had given statement before the Magistrate under Section 164 Cr.P.C. under pressure of her parents and in fact she had gone with the petitioner with her free will and also performed Nikah with the petitioner as is clear from Nikah Nama, Annexure P2.
However, it is a matter of evidence as to whether the prosecutrix was a consenting party to go with the petitioner. In view of the serious allegations made by her in her statement got recorded before the Meenu Magistrate that petitioner committed rape upon her, I am of the view that 2013.10.21 15:25 I attest to the accuracy and integrity of this document chandigarh Crl.M.No.M-34779 of 2013(O&M) -2- petitioner is not entitled for extraordinary relief of anticipatory bail.
Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioner- Akram for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.
11.10.2013 (Ram Chand Gupta)
meenu Judge
Meenu
2013.10.21 15:25
I attest to the accuracy and
integrity of this document
chandigarh