JUDGMENT :

Sumeet Goel, J. (Oral)

Present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case bearing FIR No.124 dated 24.07.2023, registered for the offences punishable under Sections 376(2)(n), 306,34 of IPC and Sections 4, 6 of POCSO Act at Police Station Sector 39, Chandigarh.

2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-

'To The S.H.O. Police Station Sector 39, Chandigarh. Subject: For taking action against accused Anus and Ashmita for encouraging my daughter Kashish to commit suicide and after alluring her to perform marriage and committing rape forcibly. Sir, I, Rakesh Kumar son of Shri Ajit Ram, am resident of House No.2427, Sector 40C, Chandigarh. Name of my son is Manan and name of my daughter was Kashish. Age of my daughter Kashish was seventeen (17) years. Since the month of June, 2023, my daughter Kashish generally used to sit alone in the room and remain sad and silent. On 19th June, in the evening when I had reached at my house and went in the room of my daughter Kashish, I saw that she was weeping badly while lying on the bed. When I asked my daughter the reason, she was feared badly. Kashish told me that she was having affair with a boy namely, Anus for last three years, who earlier disclosed his name as Vijay and told his religion as Hindu and he alluring her (Kashish) to perform marriage had made physical relations with her many times, but later on she came to know that he is from Muslim religion and his real name is Anus. Kashish told that Anus after keeping him in dark, by disclosing his wrong religion and alluring her to perform marriage, continued making physical relations and now Anus after using him left her and is in relation with some girl namely, Ashmita who is working with Anus. Anus used to tell to Kashish that you may die, but I would not perform marriage with you. Kashish told that earlier Anus continued pressurizing her to adopt Islam religion and after telling her rules of Islam religion got the same written from her and used to say her that if Kashish has to perform marriage with Anus, first adopt Islam religion. I persuaded my daughter and asked to talk with parents of that boy and to make a complaint, then Kashish told that Anus would kill her, if such step is taken against him. Then I keeping in view mental position of Kashish and thought it not appropriate to inquire about the boy by putting pressure, Kashish used to remain under fear at home and used to remain sad. As and when I tried to ask reason, she told that Anus and Ashmita together harass me and are saying me that now you may die and only then Anus would leave you. On hearing this I asked her again to make a complaint, then she again started saying about the threat given by Anus to kill my family. In the last week of June, 2023, when I came back to home from the office, I saw that my daughter had suffered injury below eye and she was weeping. When I asked her reason, Kashish disclosed that today Anus had called her to meet where Ashmita was already present. They both publically insulted Kashish in the Market and pulled her and threatened to leave Anus. After that Ashmita went from there and Anus after taking my daughter Kashish took her to a room on the pretext of talking, where he made physical relations forcibly with Kashish and when Kashish opposed him, he had beaten Kashish, due to which she suffered injury below his eye. Kashish also disclosed me that Anus after committing her rape started saying that if Kashish accept Islam religion, he can think over to perform marriage. Kashish told that Anus had given some pages containing Islamic Kalmas written thereon to read the same. When I myself saw the book in her hand, therein a coloured photo of Anus and alongwith said Islamic Kalmas, pages regarding adopting religion were found. I persuaded my daughter but still he continued weeping. I had become angry on hearing rape