ARJUN GILL Vs. STATE (U.T. ADMINISTRATION CHANDIGARH)

JUDGEMENT

(1.) Petitioner seeks concession of pre-arrest bail in a case registered at the instance of complainant SP (name concealed), a girl who had been meeting the complaint after roka ceremony. As per the allegations in the complaint, the complainant had been engaged with the petitioner by a pre-engagement roka ceremony held on 10.8.2014, when cash along with gold coins and other articles were given to the petitioner and his family members. The date of marriage was fixed as 30.11.2014 but the petitioner and his family members had started raising demands for the petitioner and their relations. Orders had been placed for preparation of jewellery as per the demands of the petitioner and his family members. A sum of Rs. 14 lacs had been paid as advance to the jewellers through account payee cheques by the father of the complainant. Jewellery items were taken by the petitioner for showing to his parents which items are still lying with the petitioner and his family members. Demand of BMW (SUV) car was made on 2.10.2014. The complainant was threatened that in case the demand of BMW (SUV) car was not met the marriage would be cancelled and future of the complainant would be jeopardised. Certain photographs of the complainant had also been clicked secretly by the petitioner. The petitioner threatened to make the said private photographs public. The petitioner used to indulge in making advances and physical contacts with the complainant on different occasions. On 7.10.2014, when the complainant had been called to the house of petitioner, while watching television with the complainant, the petitioner forcibly made an attempt to disrobe the complainant in an attempt to rape her and indecently touched the private parts of the body. An attempt was made to make the complainant sniff some white powder with one hand. Criminal force was used for outraging the modesty and in an attempt to rape.

(2.) On complainant having raised alarm and having made an attempt to escape to the drawing room, the parents of the complainant appeared and asked the complainant to take the incident lightly. The complainant returned back to her house. The petitioner made an attempt to follow her and threaten her not to disclose the incident to anyone. On 9.10.2014, the complainant along with her parents and other family members had gone to the house of the petitioner to complain about his behavior.

(3.) So far as the allegations of making advances levelled in the F.I.R. are concerned, Mr. Bedi, learned Senior Advocate, appearing for the petitioner has referred to contents of chatting to substantiate his argument that it was absolutely improbable for the petitioner to behave with indecency as the complainant most of the time remains accompanied by Gunman and driver of her father who happens to be a senior police officer in the Punjab Police.