DEEPAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an application seeking regular bail in case FIR No. 544 dated 29.06.2010, under Sections 363, 366, 376 IPC, registered at Police Station Sadar, Hisar, District Hisar. Learned counsel for the petitioner states that petitioner is in jail w.e.f. 02.07.2010 and facing trial for offences punishable under Sections 363, 366, 376 of the Indian Penal Code.

(2.) PERUSAL of the FIR reveals that prosecutrix was lured on the pretext of marriage and she was taken by the accused-petitioner to Sector 13 where he committed rape on the prosecturix. PERUSAL of the FIR further reveals that prosecutrix was known to the accused since before. Prosecutrix is major. Learned counsel for the petitioner has stated that petitioner was not said to have taken the prosecutrix without her consent forcibly, rather, prosecutrix went with the accused on the assurance of marriage. As to whether there was any false promise to marry with her is a matter which can be decided only after evidence. Learned counsel for the petitioner has further stated that petitioner is a young boy pursuing M.B.A. Since charges have already been framed, hence, at this stage, there is no chance to tamper with the evidence.