BALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this Court seeking grant of anticipatory bail in a case registered against him vide FIR No.128 dated 16.8.2019 under Sections 376/506 IPC and Section 67 of Information & Technology Act, 2008 at Police Station Garhshankar, District Hoshiarpur.

(2.) The FIR was registered at the instance of prosecutrix wherein it has been alleged that she had studied upto class 10+2 and had been on talking terms with the petitioner Baljit Singh since the last 7-8 months. The said Baljit Singh took the prosecutrix on his motorcycle to Garhshankar where they had tea etc. and then they returned back. It is alleged that about 2 months back, Baljit Singh took her to village Tahliwal (H.P.) by bus where they stayed in a hotel and where he established physical relations with her without her consent and also took 'selfie' photographs with his mobile phone while they were nude. It is alleged that subsequently the petitioner, while threatening her on the basis of said photographs, took her to the said hotel 2-3 times and committed rape upon her and now when she refused to accompany him, he had posted her nude photographs on Whatsapp account of his friends.

(3.) The learned counsel for the petitioner has submitted that he has falsely been implicated in the present case and that apparently it is a case where the prosecutrix had physical relations with the petitioner out of her own free will and volition and has subsequently chosen to falsely implicate the petitioner.