SUNNY Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard through video conferencing.

(2.) This is the second petition under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.581 dated 25/6/2020 under Ss. 328, 376(2)(n), 506 of the Indian Penal Code, 1860 (Section 201 IPC added later on) registered at Police Station Panipat City, District Panipat. The first petition being CRM-M- 37754-2020 filed by the petitioner was dismissed as withdrawn on 18.11.2020.

(3.) As per the averments in the FIR (Annexure P-1), the complainant has studied MBA, B.Com and was searching for a job. She knew about the accused since 4-5 years when she was studying in College as he used to follow her and insisted that she be friends with him. The accused succeeded in procuring the phone number of the complainant and started conversing with her on the mobile phone. The accused even proposed to the complainant for marriage but she declined saying her family would not agree like this. Even after that the accused kept stalking the complainant. In the year 2015 the accused took the complainant to Ambika Hotel, Panipat near the College and offered a cold drink which contained some intoxicating substance and after consuming the same the complainant became intoxicated. The accused committed rape upon the complainant while she was in that state and when she regained her senses the accused told her that he had clicked her photographs in naked condition and also made some video clips. After showing the photographs and video clips to the complainant the accused threatened her saying that if she narrated the incident to anyone then he would defame her and her family via internet.