JUDGMENT :

SUVIR SEHGAL J.

CRM-8673-2021

1. Application is allowed.

2. Statement of PW-2 is taken on record as Annexure P-7.

Main Case

3. Petitioner has filed this petition under Section 439 of Cr.P.C. for grant of regular bail in FIR No.222, dated 10.08.2020 registered for offence under Sections 323, 376, 452, 506 (Section 498-A IPC was added later on), IPC, 1860, at Police Station Ram Nagar, District Karnal, Annexure P-1.

4. The FIR has been registered on the statement of victim/prosecutrix (named withheld) on the allegation that she married Amit and two children were born out from the wedlock. Amit used to beat her and Ajay Kumar, her brother-in-law (devar), present petitioner, had bad intentions and on 08.08.2020, he entered her room and sexually assaulted her.

5. Counsel for the petitioner submits that the FIR was registered by the complainant because of acrimony between her and her husband, who is the elder brother of the petitioner. He submits that on an earlier occasion also, some dispute had arisen between the couple, which was settled by way of a Panchayati compromise on 16.05.2017, Annexure P- 2. He has referred to the testimony of the prosecutrix, Annexure P-7, to submit that i