AMANDEEP MALHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD .

(2.) THIS petition under Section 438 of the Criminal Procedure Code has been filed by Amandeep Malhi/petitioner for grant of anticipatory bail in FIR 93 dated 24.6.2011 registered under Section 376 IPC in Police Station Division No. 8, Jalandhar. The FIR was registered on the basis of the written complaint filed by Jaswinder Kaur/prosecutrix. She narrated therein that on 3.5.2011, a compromise was entered into between her and the petitioner and it was decided that he will perform marriage with her and thereafter he spent a night with her, during which he had sexual intercourse with her and thereafter he left the house for ever. It is mentioned in the FIR itself that an inquiry was conducted into the said allegations by Gurmeet Singh, Inspector, who found that the parties had love affair and they had been living together as husband and wife since 2007, though they did not perform any marriage. It was on the opinion of the District Attorney that the present FIR was registered. It is doubtful, if the offence under Section 376 IPC is made out from the allegations so levelled by the complainant against the petitioner. Therefore, without expressing any opinion on the merit of the case, the petition is hereby accepted. In case of arrest of the petitioner, in the FIR mentioned in the petition, he shall be released on bail to the satisfaction of the Arresting Officer, subject to the following conditions: -