REGENT COMPUTRONICS PVT. LTD.

BALDEV RAJ Appellant

V/S

STATE OF HIMACHAL PRADESH Respondents

Referred Judgements :-

GURCHARAN SINGH RAJ KUMAR SHARMA VS. STATE DELHI ADMINISTRATION :STATE DELHI ADMINISTRATION [REFERRED TO]
GURBAKSH SINGHSIBBIA SARBAJIT SINGH VS. STATE OF PUNJAB [REFERRED TO]
PRAHLAD SINGH BHATI VS. N C T DELHI [REFERRED TO]
PURAN VS. RAMBILAS [REFERRED TO]
RAM GOVIND UPADHYAY VS. SUDARSHAN SINGH [REFERRED TO]
KALYAN CHANDRA SARKAR VS. RAJESH RANJAN alias PAPPU YADAV [REFERRED TO]
KALYAN CHANDRA SARKAR VS. RAJESH RANJAN [REFERRED TO]
STATE VS. AMARMANI TRIPATHI [REFERRED TO]
PRASANTA KUMAR SARKAR VS. ASHIS CHATTERJEE [REFERRED TO]
SIDDHARAM SATLINGAPPA MHETRE VS. STATE OF MAHARASHTRA [REFERRED TO]
STATE OF KERALA VS. RANEEF [REFERRED TO]
SANJAY CHANDRA VS. CBI [REFERRED TO]
SANJAY CHANDRA VS. CBI [REFERRED TO]
VINOD BHANDARI VS. STATE OF M.P. [REFERRED TO]

JUDGEMENT

(1.) The petitioner has sought pre-arrest bail in FIR No. 61 of 2015, registered at Police Station Chotta Shimla on 28.7.2015 under Section 376 IPC.

(2.) The petitioner is a married man and having children and even the complainant through married, is a widow and is having children. The record reveals that the parties are not strangers and in fact the affidavits and other documents placed on record do suggest that they shared a relationship which was more than "just friends". It is the case of the prosecutrix that she has been subjected to sexual intercourse for the last one and half years on the pretext of marriage. However, the record reveals that it is a classical example where a relationship has gone sour.

(3.) The law with regard to grant of bail is now well settled. As early as in the year 1978, the Hon'ble Supreme Court in Gurcharan Singh vs.State (Delhi Administration), 1978 1 SCC 118 laid the following criteria for grant of bail:

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BALDEV RAJ Vs. STATE OF HIMACHAL PRADESH

Referred Judgements :-

JUDGEMENT

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