ADITYA CHAUDHARY Vs. STATE OF HARYANA

JUDGEMENT

(1.) Instant petition has been filed under Section 438 of the Code of Criminal Procedure, 1973, for grant of anticipatory bail to the petitioner in case bearing FIR No.0770 dated 27.10.2020 registered under Sections 376, 406, 498-A, 506 of Indian Penal Code, 1860 at Police Station Thanesar City, Kurukshetra

(2.) Facts, in brief, are that the above FIR was registered on the complaint of the prosecutrix against 07 persons in which she stated that she is working on the post of a Deputy Manager in a private bank and she came in contact with accused No.1 (present petitioner) in December, 2019 at Mohali. The accused is working as a Constable with the Punjab Police. They became good friends and in the month of May, 2020, accused No.1 in a pre-planned conspiracy, proposed marriage to the prosecutrix and assured her that he will get married to her without the consent of his parents. After winning her confidence, he took her to a house in Mohali and forcibly, without the consent of the prosecutrix, physically exploited her. When the prosecutrix repeatedly asked him regarding marriage, he told her that they will perform a run-away marriage and then his family members will automatically agree. He won her confidence and their marriage was solemnised at Prachin Chuturmukh Mandir, Kurukshetra on 26.07.2020. On the next day, they filed a petition before the Sessions Court seeking protection of their life and liberty from the relatives of the petitioner. The petitioner persuaded the prosecutrix to withdraw the petition as he told her that his family members have accepted the marriage and they do not need any protection. Thereafter, the prosecutrix and the petitioner resided together from 27.07.2020 to 20.08.2020 at Mohali. On 24.08.2020, accused No.1 left the prosecutrix by telling her that he is going to meet his parents to convince them. Thereafter, the prosecutrix contacted the accused on phone but he talked rudely to her and threatened to get her and her family killed, claiming that as he is working in the police, he has connections with gangsters. Thereafter despite repeated calls by the prosecutrix, accused No.1 did not take her phone calls. On 04.09.2020, the prosecturix along with two of her relations went to the house of accused No.1 at village Kharkhali where all the named accused were present. The prosecutrix and her relations were told that as the petitioner is in Government service, they will accept the prosecutrix only if Rs.20 lacs is given in dowry. Later the prosecutrix came to know that accused No.1 had been engaged with accused No.5 and their marriage was fixed for 24.10.2020. The prosecutrix sent a legal notice to accused No.1 to stop the marriage and lodged the present FIR.

(3.) Apprehending arrest, the petitioner filed a petition for anticipatory bail which was rejected by the learned Additional Session Judge vide order dated 17.11.2020, Annexure P-1. He then filed the present petition before this Court. Vide order dated 26.11.2020, notice was issued to the respondent-State. In response to the notice, the State has filed an affidavit of Deputy Superintendent of Police, Kurukshetra-III with an advance copy to the counsel for the petitioner.