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2024 Supreme(Online)(P&H) 8342

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAJESH – Appellant
Versus
STATE OF HARYANA – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 13.01.2025 Pronounced on: 30.01.2025 Rajesh ...Petitioner Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Vikas Gulia, Advocate for the petitioner.

Mr. Naveen K. Sheoran, DAG, Haryana.

Mr. Ashwani Gaur, Advocate for the complainant.

****

ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

342 21.10.2020 Murthal, District Sonipat 120-B, 190, 328, 342, 355, 387, 506 IPC

1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.

2. In paragraph 12 of the bail petition, the accused declares that he has no criminal antecedents.

3. The facts and allegations are being taken from the reply filed by the State, which reads as follows:

“2. That the instant FIR came into being on the basis of complaint made by complainant Haripal Son of Rajender Singh, stated that I am resident of Village Machrola, Police Station Murthal, District Sonipat and doing the work of Property dealer in Sonipat City. That I know Rajesh @ Kala Resident of Village Lath and Surender s/o Kale, Caste Jat and Resident of Mahandipur from many days and they also engaged in the business of Property dealing and reside in Flat No. 202 at TDI SPINIA ROYAL Village, Nangal. On 04.09.2020, I received a telephonic call at around 11 Hrs. from Surender S/o Kala from his mobile No. 88130xxxxx to my mobile No. 83978xxxxx and invited me at Flat for urgent conservation over work. When I reached at flat I found that Rajesh@ Kala and Surender present there and one young girl was also present in the flat and they started continue talk to me and give me tea for drink and after that I don't know what happened with me and after one hour I regain consciousness and Rajesh @ Kala and Surender told me that we fetched pornographic photo and video with this girl and forced me to pay 20 Lakh otherwise they will falsely implicate me in rape case and I told that I have not so much money and in the meantime one women also came there and they snatched the key of my car and my mobile phone and attempted to tied me but I succeed to released myself from their clutches and run away from there. I don't know the name and address of those two girls but can identify by seeing their faces. That after reaching at home I disclosed the entire incident to my wife Kailash and my son Jaldeep and my wife talked to Rajesh alias Kala over phone and Rajesh told that I will compromise the matter with above mentioned girl in lieu of money. My wife told him to return the key of car and mobile at this he replied that first arranged the money and thereafter offered to give vehicle and mobile and also offered for compromise and Rajesh told to my wife that if you tried to disclose to police they would registered a false rape case against Haripal. But after sometime Rajesh settled this matter by grabbing of Rs. 1,50,000/ instead of Rs. 20 Lakh. On dated 07.09.2020 my wife and my son handed over Rs. 1,50,000/- to Rajesh and his friends after sitting in the car and they returned our vehicle and phone and Rajesh told to my wife that now they would not registered rape case against her husband and told that now I made a compromise between you and that girl. On dated 20.09.2020 Rajesh @ Kala again made telephonic call to my wife from his mobile No. 83072xxxxx to my wife mobile No. 74191xxxxx and he additionally demanded 53000/-. That previously I did not disclosed the incident to any one due to reputation and shame and now I disclosed the entire incident to my relatives and I came along with them to submit my complaint. That Rajesh @ Kala and Surender in collusion with both women after trapped me in their tactics and showed me the fear of false case, and in this way they cheated Rs. 1,50,000/- from me and they also told that if I told to police they would kill me. The complainant sought for strict

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