BALDEV SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Shortly put, the case of the prosecution is that petitioners visited the house of complainant and persuaded her to accompany their son Harjinder Singh, who took her to Hazur Sahib, Maharashtra on the pretext of marriage and stayed there for a period of about four months. During that period, he committed sexual intercourse with her against her wish and consent. As a result whereof, she conceived pregnancy. Subsequently, it came to light that Harjinder Singh was already married.

(2.) It is well settled that while considering the prayer for grant of pre-arrest bail, a balance has to be struck between two factors i.e. (i) no prejudice should be caused to the free, fair and full investigation and (ii) there should be prevention of harassment, humiliation and unjustified detention of the accused. Further the Court is to consider reasonable apprehension of tampering with the witness or apprehension of threat to the complainant as well the gravity or seriousness of the offence complained off.

(3.) In the case in hand, the only allegation against the petitioners is that they conspired with their son Harjinder Singh, who is admittedly cooling his heels behind the bars for enticing away the complainant. This factor is to be considered at the stage of prosecution evidence and no opinion can be expressed at this stage.