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RAJESH BHARDWAJ
Santosh Kumari @ Shivani – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Rajesh Bhardwaj, J. (Oral) - Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.
2. The present petition has been filed under Section 439(2) Cr.P.C praying for cancellation of anticipatory bail granted to respondent no.2 by learned Addl. Sessions Judge, (Fast Track Court), Gurugram vide order dated 19.7.2021 (Annexure P-4) in case FIR No.97 dated 25.5.2021 registered under Sections 376(2)(n), 323, 406, 506 IPC at Police Station, Sector 65, Gurugram.
3. As per facts of the case, the present FIR was registered by the petitioner/prosecutrix. The sum and substance of the allegations in the FIR is that the petitioner/prosecutrix and the respondent both are already married. They came in contact with each other through Facebook. Thereafter, respondent no.2 took the complainant to Jharoda Officers Mess and on reaching their he performed sexual intercourse with her without her consent. He promised her to marry. He kept maintaining constant physical relationship with the prosecutrix. He had promised her that he would divorce his wife and thereafter he would marry her, however, he did notdivorce
The main legal point established in the judgment is that simply establishing a physical relationship on the promise of marriage would not attract the offense under Section 376 IPC.
Breach of promise of marriage does not attract the offense of cheating under Sections 417 and 420 of the IPC.
The main legal point established in the judgment is that in cases involving serious allegations, the accused's conduct, including absconding and failure to join the investigation, can influence the c....
Point of law : Anticipatory Bail - Where the discretion of the Court to grant bail has been exercised on relevant considerations and bail is granted, this Court would normally not interfere with such....
Point of Law : In view of the settled position of the law as discussed above, applicant/accused has carved out a strong case of anticipatory bail in his favor. The anticipatory bail granted to applic....
The judicial system cannot be used to facilitate marriages or be manipulated for personal gain. The truth must prevail through investigation.
A married person cannot induce another married person into a physical relationship on a false promise of marriage.
Consent in relationships involving married individuals can negate claims of sexual offense based on false promises of marriage, impacting the viability of prosecution under relevant laws.
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