ARJUN BAKSHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Instant petition has been filed under Section 439 of the Code of Criminal Procedure seeking regular bail in case FIR No.83 dated 26.08.2020 registered under Sections 376(2)(n) and 406 of Indian Penal Code,1860 at Police Station Women Manesar, District Gurgaon.

(2.) As per the version of the prosecution, the FIR was lodged on the complaint of the prosecutrix, wherein she stated that she is 23 years old and is working in a reputed IT Company where she met Arjun Bakshi (present petitioner). They were working together in the company. They started their relationship in November 2018. She stated that they established physical relations at Gurgaon and when she refused to continue further with the relationship, the petitioner said that he will marry her. In September 2019, they took an apartment on rent where they lived together. Their relationship continued till 01.06.2020. The prosecutrix kept trying to convince the petitioner to marry her but he did not agree. She then submitted a written complaint against the petitioner with the police. Her statement was recorded under Section 164 Cr.P.C and the petitioner was arrested on 31.08.2020.

(3.) Counsel for the petitioner has argued that the relationship between the two was consensual and the petitioner did not develop physical relationship with the prosecutrix on the assurance of marriage. He has referred to the rent agreement dated 23.09.2019 (Annexure P-2), to contend that they had jointly taken an apartment on rent and had stayed together for almost one year. Still further, he places reliance upon the statement/affidavit dated 03.11.2020 (Annexure P-5) wherein the prosecutrix has submitted that the complaint had been lodged by her on account of some differences which now stand resolved and she withdraws all the allegations against the petitioner. Counsel contends that the FIR was registered by the prosecutrix in a huff as the relationship between the parties could not culminate into marriage. He submits that the investigation is complete, challan has been presented and the petitioner is no longer required for custodial interrogation.