Mohd. Dilshad v. State Of Haryana
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',*- % Petitioner-Mohd. Dilshad has filed petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail in case FIR No.39 dated 26.02.2025 (Annexure P-1), under Section 69 of BNS 2023, registered at Police Station Sanoli, District Panipat. 2.
As per facts of case, prosecutrix gave her statement that she was married to Asif about six years ago. Her husband used to harass her and gave her beating. Dilshad son of Aasu was residing in their neighbourhood who tried to make her husband understand. Dilshad started talking to her and told her to take divorce from her husband and then he will perform marriage with her. He assured
to keep her happy. On 07.02.2025 Dilshad took her along with him to Panipat on the pretext of meeting an advocate. He stated that they will perform court marriage at Panipat. He brought her to Hotel Jai Foods on the pretext of marriage and there committed rape with her repeatedly. With these allegations, present FIR has been registered.
3.
Learned counsel for petitioner pointed out that petitioner was granted interim relief and in pursuance of this, he has already joined the investigation. The prosecutrix is a married lady and their relationship was consensual. In fact, she was extending threats to the petitioner to involve him in a criminal case. He is still ready to join the investigation as and when required. It is submitted that his anticipatory bail petition may be allowed. 4.
Status report has been filed confirming the facts narrated in the FIR. It is confirmed that petitioner has joined investigation on 28.05.2025. During investigation, his disclosure statement has been recorded. He fully cooperated with the investigating agency and his custodial interrogation is not required at this stage.
5.
In the light of aforesaid factual position, no purpose would be served by sending the petitioner behind the bars. Allegations and counter allegations are matter of trial. Petitioner has already joined the investigation and cooperated with the investigating agency. Therefore, without expressing my mind on merits, anticipatory bail petition filed by petitioner Mohd. Dilshad is allowed. He be not arrested. In case of his arrest, he be released on bail to the satisfaction of Arresting/Investigating Officer concerned, subject to condition that petitioner will join investigation as and when required. He will not tamper with or interfere
. with investigation and will not leave country without prior permission as provided under Section 482(2) of BNSS, 2023.
6.
Pending application(s), if any, also stands disposed of accordingly. ,
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