IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sumeet Goel, J.
Gurpreet Singh @ Gora – Appellant
Versus
State of Punjab – Respondent
CRM No. 34657 of 2024, CRM-M-40305 of 2024
Decided On : 02-09-2024
Bail - Regular Bail - BNSS, 2023, Section 483 - The court discussed the provisions of Section 483 of BNSS, 2023, emphasizing the seriousness of the allegations against the petitioner, including repeated rape and extortion, which influenced the decision to deny bail.
Fact of the Case:
The petitioner sought regular bail in a case involving serious allegations of rape, extortion, and threats made against the victim, who claimed to have been coerced and blackmailed by the petitioner and others over several years.
Finding of the Court:
The court found the allegations against the petitioner to be serious, noting the victim's testimony and the context of the case, including the use of threats and extortion, which warranted the denial of bail.
Issues: Whether the petitioner should be granted regular bail in light of serious allegations of repeated rape and extortion against the victim.
Ratio Decidendi: The court held that the severity of the allegations, the nature of the evidence, and the potential for tampering with witnesses justified the denial of bail.
Result: The petition for regular bail is dismissed.
JUDGMENT :
Sumeet Goel, J.
CRM-34657-2024
In view of the submission made by learned counsel for the applicant-petitioner as also the reasons stated in the application, the same is allowed. Order dated 18.03.2024 earlier passed by this Court is taken on record.
CRM-M-40305-2024
1. The present second petition has been filed under Section 483 of BNSS, 2023 by the petitioner-Gurpreet Singh @ Gora seeking regular bail in FIR No. 83 dated 29.06.2023 registered under Sections 376, 377, 384, 328, 506 and 120-B of IPC at Police Station Cantt. Bathinda, District Bathinda, Punjab.
2. The case set up in the FIR in question (as set out by the petitioner in the present petition) is as follows:
1. That the applicant is resident of. In the year 2018, I was doing computer course at Vishswas Institute, There was also doing computer course. Because we were in the same class, therefore we used to talk about studies usually. Thus, slowly became my friend. Also started compelling me to meet out of the class. However, I believed him and used to meet him outside the class. In the meantime on dated 28th, 29th March 2018, our staff on behalf of our institute went to tour at Amritsar., During that period, Gurpreet Singh enticed me and said’ that he wants a good wife like me. However, I did not doubt behavior of Gurpreet Singh.
2. That on dated 17.04.2018, Gurpreet Singh took me away to the residence of his friend at. He had told that her other family members i.e. other accused will also come there. They will talk with you and will decide about our marriage. However, I believed on the talk of and went away with him at the above said address. After staying for some time, I had asked Gurpreet Singh that nobody has come. G said that they will come in short while. Let us have some drink etc. G given me drink in the glass. After taking it, my head became heavy. Then I became unconscious. When, I regained my conscious and saw that I had no cloths over my body and I was feeling pain in my body. Accused was lying with me on the bed and I felt that rape was committed with me. In this regard, I asked accused Gas to why you have committed fraud with me. Why you have committed rape with me. G said that you have no need to. worry and I have stamped you in such a way that now you. can become of somebody else. He will talk with my parents and will perform marriage. I said to him that I had believed you that you will meet me with your parents and I had come for this purpose. He said that if he had told truth that I would not come here and then I could not have done this. He said that you may not have any talk about this to someone. I had no other alternative, therefore I remained silent. 3. Then in the month of October 2018, asked me to come to the above said house. I refused to do so saying that you have already cheated me and raped me. I have no trust on you. Gurpreet Singh said that on that day, he had recorded my video, which is in his mobile and if you will not go there, he will viral this video and you will be defamed and you will not have any way to go. However, I was afraid and I went along with him in the said house. Then committed rape with me without my consent. After that after some days, used to take me to that house and committed rape with me. In the meantime, compelled me and got cash from me from time to time, which I used to bring from my parents to pay my fees. In the month of October 2019, Gurpreet Singh took me in the and committed rape with me without my consent and took undue advantage. He used to give me some medicines and also done unnatural sex. In
The court established that serious allegations of sexual offenses and extortion, coupled with the petitioner's criminal history, are sufficient grounds to deny bail.
A second regular bail petition is permissible without statutory prohibition, but must demonstrate substantial change in circumstances; the severity of allegations influences bail considerations.
The court underscored that in cases of sexual violence, the victim's dignity and safety are paramount, necessitating a cautious approach to bail applications.
Consent to engage in a sexual relationship is not vitiated by a promise of marriage unless the promise is proven to be made in bad faith or with no intention to adhere to it from inception.
Various principles to be kept in mind, while deciding petition for bail viz. prima facie case, nature and gravity of accusation, punishment involved, apprehension of repetition of offence and witness....
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