MAHESH MUNDHRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is the second petition filed by the petitioner under Section 439 Cr.P.C. for grant of regular bail in FIR No.408 dated 12.09.2018 under Sections 376, 406, 420 and 506 IPC (Sections 201 and 120-B IPC were added later on) registered at Police Station DLF Phase-I, District Gurugram.

(2.) The earlier petition filed by the petitioner i.e. CRM-M-10255 of 2019 was dismissed as withdrawn at that stage vide order dated May 27, 2019 passed by this Court.

(3.) Learned counsel for the petitioner has argued that as per the FIR, the complainant came in contact of the petitioner through a social site i.e. cupid.com and Whatsapp. The petitioner proposed the complainant for marriage and in order to make her to believe, the petitioner took her to his house and introduced with his father. His father gave his consent for marriage. Thereafter, on 01.05.2017, she was taken to Bristol Hotel, Gurugram, where rape was committed upon her. The petitioner assured that he will marry the prosecutrix. On the pretext of bad health condition of his father, he had taken a sum of Rs.21 lakh from her at different points of time. However, when the prosecutrix asked him for marriage, the petitioner not only refused to return the money rather, refused to solemnise marriage with her and threatened the prosecutrix.