MUJAMMIL Vs. STATE OF HARYANA

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.) Prayer in the present petition is for grant of regular bail to the petitioner in case FIR No.203 dtd. 7/9/2020, under Ss. 376 and 506 of the Indian Penal Code, registered at Police Station Pinangwan, District Nuh.

(3.) As per the facts of this case, the present FIR was lodged by husband of the prosecutrix. It was alleged that he is resident of the Village Hinganpur and a truck driver by profession and used to go outside for earning his livelihood. Petitioner-Mujammil son of Khushi Mohd. sprayed water from roof of his house on his wife i.e. the prosecutrix (namedconcealed) while she was going to the well for washing clothes. Though, she was under impression that he sprayed the water upon her by mistake but later on, she became restless and in the meantime, Mujammil reached there. It was alleged that due to black magic (Jadu tona) Mujammil took her in his favour and committed rape with her many times against her consent. He gave her some medicine mixed with water. When the prosecutrix came back to the village Hinganpur, he again committed rape with her and took some objectionable videos of her. He extended threat that if she did not follow his instructions then he would viral her videos and defame her. Mujammil committed rape many times with the wife of the complainant by putting her under fear of circulation of these objectionable videos. On 30/8/2020, Mujammil again committed rape with his wife in the fields and their family became doubtful. On asking by the family members, she narrated them whole story. The matter was reported to the police with a request to take the legal action against the culprits. The investigation commenced and the petitioner was arrested on 7/5/2021. Thereafter, he approached learned Sessions Judge, Mewat for grant of bail, who after hearing counsel for the parties, declined the same vide order dtd. 2/7/2021. Aggrieved by the same, petitioner approached this Court by way of filing the present petition for grant of regular bail.