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2022 Supreme(P&H) 1100

RAJESH BHARDWAJ
Santosh Kumari @ Shivani – Appellant
Versus
State Of Haryana – Respondent


Advocates:
Mr. Prateek Rathee, Advocate for the Petitioner

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

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