AJAY CHAUHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner prays for grant of bail pending trial in FIR No. 128 dated 13.09.2016 registered under Sections 376,452 and 506 of the Indian Penal Code (for short 'IPC') at Police Station Women, Sector 16, Faridabad, District Faridabad.

(2.) It is submitted that the allegations against the petitioner are patently false. Even as per the averments in the FIR, the victim/complainant was in a relationship with the petitioner for the last three years. The victim is admittedly major. Learned counsel for the petitioner further submits that the prosecutrix is deliberately not coming forward to depose in this matter. This petition was adjourned in the presence of the learned counsel for the complainant on 10.03.2017 for today as the prosecutrix was to depose before the learned trial Court on 03.04.2017. However, she did not come forward to testify. Learned counsel relies upon judgment of the Hon'ble Supreme Court in Vijayan v. State of Kerala, (2009) 3 SCC (Criminal) 585, to argue that the relationship between the petitioner and the victim was consensual. It is thus prayed that this petition be allowed.

(3.) Learned counsel for the State on instructions from ASI Sushila informs that charge in this case was framed on 21.11.2016. The prosecutrix/complainant was summoned for 20.02.2017 as well as 004.2017. However, she has not come forward to depose.