DUSHYANT KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner has sought pre -arrest bail in FIR No. 48 of 2015, registered at Police Station Chintpurni on 2.8.2015 under Sections 376 and 313 IPC.

(2.) THE record of the investigation reveals that the complainant is a divorcee having married in the year 1993 and divorced in the year 2014 and having three children. She came in touch with the petitioner, who too is married and is alleged to have deceived the complainant by holding out that he too have divorced. They have been in physical relationship since the year 2011 and now accused the petitioner for subjected her to sexual intercourse on the pretext of marriage. However, the record reveals that it is a classical example where the relationship between the parties has gone sour.

(3.) THE Hon'ble Apex Court in Prasanta Kumar Sarkar versus Ashis Chatterjee and another, : (2010) 14 SCC 496, has laid down the following principles to be kept in mind, while deciding petition for bail: