SANTOSH KUMARI 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.) The present petition has been filed under Sec. 439(2) Cr.P.C praying for cancellation of anticipatory bail granted to respondent no.2 by learned Addl. Sessions Judge, (Fast Track Court), Gurugram vide order dtd. 19/7/2021 (Annexure P-4) in case FIR No.97 dtd. 25/5/2021 registered under Ss. 376(2)(n), 323, 406, 506 IPC at Police Station, Sector 65, Gurugram.

(3.) As per facts of the case, the present FIR was registered by the petitioner/prosecutrix. The sum and substance of the allegations in the FIR is that the petitioner/prosecutrix and the respondent both are already married. They came in contact with each other through Facebook. Thereafter, respondent no.2 took the complainant to Jharoda Officers Mess and on reaching their he performed sexual intercourse with her without her consent. He promised her to marry. He kept maintaining constant physical relationship with the prosecutrix. He had promised her that he would divorce his wife and thereafter he would marry her, however, he did notdivorce his wife. It was also alleged that she transferred Rs.2.00 lakh in the bank account of the respondent Sanjay Kumar. She alleged that respondent Sanjay Kumar misused her on the pretext of marriage and defrauded her for Rs.2.00 lakh. A request was made to take legal action against the culprit.