Order

Rajnesh Oswal, J.-The petitioner is facing trial in challan, titled, Union Territory of J&K vs. Manoj Kumar, arising out of FIR bearing No. 14/2018 dated 16.02.2018 for commission of offence under section 376 RPC pending before the 3rd Additional Sessions Judge, Jammu (hereinafter referred to as trial court) and through the medium of this application, the petitioner is seeking bail.

2. It is stated that the petitioner has been implicated as an accused in a false and frivolous case instituted by the complainant on the basis of a concocted and manipulated story and after lodging of the FIR pursuant to the directions of the Magistrate under section 156(3) Cr.P.C., the petitioner was arrested on 07.05.2018. It is further stated that till date only two prosecution witnesses have been examined and the petitioner had applied for grant of bail before the trial court but the same was rejected by the learned trial court vide order dated 07.08.2020. It is also stated that the petitioner came into contact with the prosecutrix/complainant through Face book some 9/10 years ago when the petitioner was 17 years old and the prosecutrix was 25 years and in this short span of time both of them fell in love each with each other and decided to marry. But since the petitioner was younger in age vis-a-vis prosecutrix, so the parents of the prosecutrix did not agree for a marriage due to non-compatibility of the match and also the prosecutrix told the petitioner that even her parents were not agreeing because of age difference and the petitioner being a jobless student. Thereafter, upon the pressurizing tactics of the prosecutrix, the petitioner came to Jammu and got their marriage agreement registered with Notary Public, Jammu, in which the prosecutrix stated that she has decided to contract marriage with the petitioner out of her free will and without any pressure. It is further stated that after the execution of marriage agreement, the prosecutrix told the petitioner that as he is jobless and a student so in order to secure her future, he should transfer his parents’ house in her name and then she will perform the rites and rituals as per customs, as such, the petitioner sought some time from the prosecutrix in order to persuade his parents but his parents did not agree, as such, the petitioner told the same to the prosecutrix and then the prosecutrix filed a false complaint and pursuant to that, FIR (supra) was registered against him. It is further stated that the bare reading of the statement of the complainant/prosecutrix recorded under section 164-A Cr.P.C, the offence of rape is not made out.

3. Objections stand filed by the respondent, in which it is stated that on 16.12.2018 an application of the complainant with endorsement order of the learned 1st Additional Munsiff (Forest) Court, Jammu was received in the Police Station. It was stated that 7/8 years ago the complainant started using Face book and the petitioner sent her a friend request and she accepted the same. They had a chat with each other for about six months. The complainant was doing nursing course at Satwari and the petitioner came to Jammu and requested the complainant to meet him at Vikram Chowk, Jammu. Then the petitioner took the petitioner at Bagh-a-Bahu, Jammu and 2/3 times they also went to see movie also. They used to talk daily for hours together. Later on, the petitioner started saying that he will marry with the complainant and the petitioner told the same in her house. In April, 2015, the petitioner met the elder sister of the complainant and she told him that in case he wants to solemnize marriage with the complainant, he should bring his parents and thereafter the petitioner did not call the complainant for one month and after one month, the petitioner called the sister of the complainant that his parents are not agreeing for the marriage due to difference of caste. The petitioner told the complainant that her sister was telling lie to her and he will come a