MOHIT BHARDWAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant petition has been filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the grant of regular bail to the petitioner in FIR bearing No.0060/2025 dtd. 21/2/2025, registered under Ss. 69 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 at Police Station Badshahpur, Gurugram.

(2.) As per the allegations levelled in the FIR registered on the statement of the prosecutrix, she used to work with a company namely 'Spinny' where she met with Sh. Mohit Bhardwaj (petitioner herein) in April-2024, who was her senior. It is alleged that the petitioner convinced her that he shall marry her and thereafter they courted each other for a period of nearly 2-3 months. The petitioner is alleged to have been dropping the prosecutrix to her PG and to other places in an attempt to befriend her. Eventually, the petitioner is alleged to have made a promise to marry her and to stay together in future and under the said allure, the prosecutrix entered into a physical intimacy with the petitioner. It is also alleged that there were repeated instances of physical inter-course on the aforesaid false promises of marriage as a result whereof in November, she had become pregnant and was tested positive on the pregnancy kit. In January-2025, she asked the petitioner to marry with her and on his refusal, the instant FIR has been got registered. It is further averred that she lodged a complaint at Police Station Badshahpur in Sector 69 and as during the same period, she was also not facing good health, she got a medical check-up at Advanced Diagnostic and Research Centre where the Doctors informed that she had suffered a miscarriage due to over-stress and weakness. Hence, the instant FIR has been registered.

(3.) Learned counsel for the petitioner has emphatically argued that the petitioner has been arraigned as an accused in the present case for malicious reason. It is submitted that prior registration of the instant FIR, a complaint was submitted by the prosecutrix on 15/1/2025 wherein an Investigating Officer was appointed. The statements of the parties were recorded by the Inquiry Officer and finally a finding was recorded by him to the effect that the petitioner as well as the prosecutrix were co-workers and they were good friends for last 10 months and they had entered into a consensual relationship with each other with no deployment of any deceitful means for entering into a physical relationship. The said complaint was accordingly recommended to be filed by the Investigating Officer on 19/1/2025 bearing rapat No. 107-CAS. The complainant however filed a second complaint before the A.C.P. Gurugram on 13/2/2025 bearing No.38-DS/C which was converted into the instant FIR wherein the petitioner was arrested on 17/4/2025 and he was produced before the concerned Magistrate on 18/4/2025. He is in judicial custody since then.