KULDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of first regular bail application of accused-petitioner Kuldeep Singh under Sec. 439 Cr.P.C. filed in case FIR No. 340 dtd. 29/8/2018 under Ss. 363 and 376(2)(n) IPC Police Station Sadar Fatehabad, District Mansa.

(2.) The brief facts brought to the notice of this Court are that the present case was got registered on the statement of Baldev Singh father of the girl admittedly aged around 19 years. In his statement, the complainant alleged that the accused/petitioner, who happens to be the real Jija having married elder sister of the victim allured her about one year ago and, thereafter, defiled her which lead to the arrest of the petitioner upon registration of the case on 18/9/2018.

(3.) Learned counsel for the petitioner at the very onset of his submissions has placed reliance on Annexure P-1 statement of the victim whereby she has shown her resolve under Sec. 161 Cr.P.C. dtd. 1/9/2018 absolving the accused and stating that on account of her dispute with the parents she has left her parents on her own and that too she was never defiled by the accused. The counsel has placed reliance at report under Sec. 173 Cr.P.C. to drive home the point to that effect as well as the statement of the complainant Annexure P-2 arguing that admittedly there is no evidence against the petitioner to link with the commission of any offence and that there is nothing by way of medical examination to corroborate the allegations of the prosecution.