High Court of Punjab and HaryanaCRM-M/1904/2024dismissed

Ashish Chauhan v. Union Territory Of Chandigarh

2024-01-15Mrs. Justice Sudeepti Sharma2 pages

CRM-M-1904 of 2024 1 2024:PHHC:004799

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-1904 of 2024 Ashish Chauhan ......Petitioner

Versus

Union Territory of Chandigarh .....Respondent Date of Decision: 15.01.2024 CORAM: HON'BLE MR. JUSTICE SUDEEPTI SHARMA

Present:

Mr. Vivek K Thakur, Advocate for the petitioner. SUDEEPTI SHARMA, J Prayer in the instant petition is for grant of anticipatory bail in case FIR No.198 dated 26.12.2023 under Sections 376,506 IPC registered at P.S Central Sector 17, Chandigarh.

As per allegations, the petitioner on the pretext of false promise of marriage and after roka ceremony developed physical relations with the complainant-victim but later refused to marry her and started harassing her. Learned counsel for the petitioner contends that the petitioner has falsely been roped in. The relationship between them was consensual in nature. In support of his case, learned counsel for the petitioner relies on judgments of Hon'ble Supreme Court reported as Sonu alias Subhash Kumar vs. State of Uttar Pradesh and Another (2021) 18 Supreme Court Cases 517, Shambhu Kharwar vs. State of Uttar Pradesh and Another 2022 SCC On Line SC 1032, Pramod Suryabhan Pawar vs. State of Maharashtra and another (2019) 9 Supreme Court Cases 608 and Ruchi Agarwal vs. Amit Kumar Agrawal and Others (2005) 3 Supreme Court Cases 299.

MANOJ KUMAR 2024.01.15 06:50

CRM-M-1904 of 2024 2 2024:PHHC:004799 Having gone through the facts of above cited judgments, it comes out that the same would not apply to the facts of the present case. As the investigation is at the preliminary stage and same shall be hampered and impeded in case the accused is released on anticipatory bail. Moreover, there is nothing on record to suggest that the victim in the instant case had any motive to falsely implicate the petitioner. Keeping in view the seriousness of allegations and grave nature of offence, I find no merit in the present petition. Dismissed.

January 15, 2024 (Sudeepti Sharma) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2024.01.15 06:50