DAYA CHAUDHARY
SHITIJ GAUR – Appellant
Versus
STATE OF HARYANA – Respondent
DAYA CHAUDHARY, J.
1. The present petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No. 12 dated 31.1.2016 registered under Sections 376/506 IPC at Women Police Station, District Gurgaon.
2. Learned counsel for the petitioner contends that the petitioner has falsely been implicated in this case, whereas, he was not involved. The petitioner is unmarried, whereas, the complainant is a divorcee and is having a 12 years old daughter as well. Both the parties were known to each other for the last few months. The complainant introduced herself as an unmarried girl to the petitioner with an ulterior motive and there was involvement of her family members also. Even in whatsapp messages, the complainant has shown herself to be an unmarried girl and the factum of her earlier marriage was not told to the petitioner. Learned counsel also submits that both the parties were having liking for each other but no promise of marriage was ever made. Learned counsel has relied upon the judgments of Hon'ble the Apex Court in the case of K.P. Thimmappa Gowda v. State of Karnataka 2011 (14) SCC 475, Tilak Raj v. State of Himachal Pradesh
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