205 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-8354-2025 Date of decision: 28.02.2025 SOURABH KUMAR ...Petitioner(s)

VERSUS STATE OF HARYANA ...Respondent(s)

CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present:- Mr. Namit Khurana, Advocate for the petitioner.

Mr. Gagandeep Singh Chhina, AAG, Haryana.

Mr. G. C. Shahpuri, Advocate for the complainant.

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JASGURPREET SINGH PURI, J. (Oral)

1. The present petition has been filed under Section 482 of the BNSS, 2023 for the grant of anticipatory bail to the petitioner in FIR No.06 dated 27.01.2025, under Sections 69, 77 and 351(2) of BNS, 2023, registered at Police Station Women Yamuna Nagar, District Yamuna Nagar, Haryana.

2. Reply has been filed by way of an affidavit of Deputy Superintendent of Police, Head Quarter, Yamuna Nagar in the Court today by the learned State counsel and the same is taken on record.

the prosecutrix is of the age of 37 years and is a divorcee and she has made

allegations against the petitioner that on the false pretext of marriage, he had

made physical relations with her. He further submitted that the prosecutrix is a lady of matured understanding and it cannot be said that there was any forcible action on part of the petitioner and she has got lodged the present FIR only for the purpose of blackmailing the petitioner and otherwise also, it was a case of a consensual relationship between the parties. He further submitted that in pursuance of the order passed by this Court on 13.02.2025, whereby the arrest of the petitioner was stayed, the petitioner has not only joined the investigation but he has also fully cooperated with the investigation process. He also submitted that in pursuance of the order passed by this Court dated 13.02.2025, the petitioner had immediately deposited his mobile phone with the Investigating Agency and therefore, he may be granted the concession of anticipatory bail.

4. On the other hand, Mr. Gagandeep Singh Chhina, AAG, Haryana submitted that he has instructions to state that in pursuance of the aforesaid order passed by this Court on 13.02.2025, the petitioner has joined the investigation and he has fully cooperated with the investigation process and he has also complied with the order passed by this Court, wherein he had deposited his mobile phone with the Investigating Agency, which will now be sent to the appropriate laboratory in accordance with law. He further submitted that the petitioner is not required for custodial interrogation.

where fraud was committed upon the prosecutrix by the petitioner as he made a

false promise of marriage to the prosecutrix and developed physical relations

with her on that pretext.

6. I have heard the learned counsels for the parties.

7. It is a case where it is so alleged that the petitioner had made physical relations with the prosecutrix by making a false promise of marriage but at the same time, the age of the prosecutrix is stated to be 37 years and she is also stated to be a divorcee. Therefore, it appears that the prosecutrix was a lady of matured understanding. Be that as it may, since the petitioner has joined the investigation and has fully cooperated with the investigation process and has also complied with the order passed by this Court dated 13.02.2025, whereby he had deposited his mobile phone with the Investigating Agency and as per the learned State counsel, he is not required for custodial interrogation, the present petition deserved to be allowed.

8. In view of the aforesaid facts and circumstances, the present petition is allowed. It is directed that in case in future the petitioner is required to join the investigation process, then he shall join the investigation and cooperate fully with the investigation process. In the event of arrest, the petitioner shall be released on bail by the Arresting/Investigating Officer on his furnishing bail bonds/sureties to his satisfaction, subject to the conditions as provided under Section 482(2) of the BNSS, 2023.

(JASGURPREET SIN