AYUSHI BHATIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed the present petition under Sec. 439 read with Sec. 482 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No.350 dtd. 29/12/2021 registered under Ss. 120-B, 195-A, 34, 384, 389 and 509 of the Indian Penal Code, 1860 at Police Station New Colony, District Gurugram.

(2.) The above-said FIR was registered upon the complaint made by Archana Verma alleging that her son-Aman and petitioner-Ayushi Bhatia were friends. On 24/11/2021 the petitioner took her son to the hills near Chander Shekhar Farm and started indulging in obscene activities to which her son objected by saying that it is a public place. The petitioner became angry and started harassing her son. She used to make repeated telephone calls to her son and threatened him by saying that she would involve him in a false rape case as she had even earlier sent many boys to jail. The petitioner then reached the neighbourhood of the complainant and created scene and asked money for settlement. She was already married with one Mahesh on 24/8/2021 and still she is pressurizing complainant's son to marry with her. The petitioner, her mother and one middle age man also came to the house of the complainant and asked for the settlement amount while threatening that they would file a case of rape.

(3.) Learned counsel for petitioner submits that the petitioner has been falsely implicated in the present case. The petitioner and son of complainant were close friends. The son of the complainant took undue advantage of this friendship and had unnatural sex forcefully in pretext of making false promise to marry. The petitioner also file complaint against him on 28/11/2021 at Women's Police Station West Gurugram. The present FIR is nothing but just a counter-blast of the above-said complaint filed by the petitioner. In the present FIR, no amount of money has been quoted either by the petitioner or by anyone from her side and the transaction of not a single penny has been done. As such, Sec. 384 of the IPC was deleted by learned Additional Sessions Judge, Gurugram vide order dtd. 16/5/2022. Challan has been presented and charges have been framed. No prosecution witnesses have been examined so far. The petitioner is in custody since 27/1/2022. The trial is likely to take long time. No useful purpose will be served by further detention of the petitioner in custody. Therefore, the petitioner may be released on regular bail.