ASHISH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.

(2.) The present petition has been filed under Sec. 439 Cr.P.C for grant of regular bail to the petitioner in a case FIR No.221 dtd. 14/12/2020 registered under Ss. 376 IPC at Police Station Jamalpur, District Police Commissionerate, Ludhiana.

(3.) It has been contended that the present FIR has been lodged on the statement of the prosecutrix, wherein it was alleged that she is 20 years old and doing diploma in Computer Application from home. It was alleged that maternal aunt of the petitioner, Ashish was living in her neighborhood and the petitioner used to come to the house of his maternal aunt and where she fell in love with him. They both wanted to marry with each other. On 29/8/2020, the petitioner called the prosecutrix at his aunt's house to talk about the marriage, where on promise of marriage, he established physical relationship with the prosecutrix. It was alleged that maternal aunt of the petitioner was not at home at that time. Thereafter, in the month of October, the petitioner again called her at his aunt's home and established physical relationship with her. Thereafter, he backed out of the promise of marriage on the ground that his parents are not ready and thus, he is unable to honour the promise and refused to marry. The prosecutrix found herself defrauded and registered the present FIR and prayed for taking action against the petitioner. The investigation commenced, challan was presented and the Court took cognizance of the same. The petitioner was arrested on 24/12/2020 and since then he is behind the bars. The petitioner approached the learned Additional Sessions Judge, Ambala for grant of bail and after hearing, declined the same vide its order dtd. 18/1/2021. Aggrieved by the same, the petitioner approached this Court by way of filing the present petition.