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2003 (1) Crimes 600
Punjab & Haryana High Court
Ashutosh Mohunta, J.
Dilbhajan Singh —Petitioner
versus
State of Punjab —Respondents
Crl. Misc. No. 32054-M of 2002
Decided on 13-9-2002

Advocates:
Counsel for the parties:
For the Petitioner:Mr. Balwinder Singh, Advocate.
For the Respondent: Mr. Shailender Malik, AAG Punjab.
For the Complainant :Mr. Binderjit Singh, Advocate.

Headnote:Criminal Procedure Code 1973 — Section 439— Bail — Offence under Sections 376/506/109/341 IPC and Section 25, Arms Act— Prosecutrix was working with petitioner and petitioner was alleged to have black mailed prosecutrix by taking her nude photographs — Prosecutrix had visited various places with petitioner and was having close relationship with petitioner — Photographs shown by petitioner showed that prosecutrix was sitting happily with petitioner — Petitioner deserved to the granted bail.

       Result: Petition allowed.

       

Judgment

Ashutosh Mohunta, J.— The petitioner filed the present petition for bail under Sections 376/506/109/341 of the Indian Penal Code and under Section 25 of the Arms Act, 1959.

2. Briefly the facts of the case are that the prosecutrix Neeraj was working as a Cashier/Assistant Accountant with M/s Oriental Automobiles Limited, Mansa Road, Bathinda which is owned by the petitioner. It has been alleged in the F.I.R. that the prosecutrix has been working for the last six years with the aforesaid Company. The prosecutrix has alleged that the petitioner by threa-tening her with dire consequences had taken her to various places like Delhi, Chandigarh etc. and committed sexual intercourse at pistol point.

3. Learned counsel for the peti-tioner has contended that for more

than six years the petitioner never complained of any sexual harassment. He has further contended that the affidavits of persons residing in the locality of the prosecutix show that the prosecutrix was a woman of loose character. Various persons were visiting her. He has further contended that the photographs which are alleged to have been taken by the petitioner show that the petitioner and the prosecutrix had a harmonious relationship and, thus, he contends that no rape was ever committed by the petitioner.

4. Learned State counsel states that the prosecutrix was black-mailed by the present petitioner by taking her nude photographs and it was only due to this reason she did not earlier disclose the episode either to her parents or to her other relatives.

5. I have heard learned counsel for both the sides.

6. A perusal of the F.I.R. clearly shows that the prosecutrix was working with the petitioner for six long years. As per her own statement, she was visiting different places outside Bathinda with the petitioner. It has come in the state-ment of the prosecutrix that she visited Chandigarh as well as Delhi along with the petitioner. She had been having close relationship with the petitioner throughout the period that she was working with the petitioner. She never complained about any threat or black-mailing to any person. Her father, who was posted as Assistant Food and Supplies Officer, was also not informed. I have also been shown some photo-graphs by the learned counsel for the petitioner. A perusal of the same shows that the prosecutrix is sitting happily with the petitioner.

7. In view of the above facts, I grant bail to the petitioner to the satis-faction of Chief Judicial Magistrate Duty Magistrate Bathinda.

Petition allowed.

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