Rajinder Singh v. State Of Punjab
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" $ (& 3/( 45/)&&6 Mr. Kewal Singh, Addl. A.G. Punjab Mr. Abdul Aziz, Advocate for respondent No.2. 77777 1&3( 1&3( 1&3( 1&3( 06 1.
Petitioner has filed instant petition under Section 438 Cr.P.C. for grant of anticipatory bail in FIR No.129 dated 27.08.2022 under Sections 376, 354-C, 506 and 511 IPC registered at Police Station Sadar Jalalabad, District Fazilka.
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# 1prosecutrix gave her statement that she was pursuing her BA and MA (Political Science) from DAV College, Abohar. Rajinder Singh, who is her relative, is serving in BSF. They were known to each other since their childhood. On 27.01.2018, Rajinder Singh proposed her for friendship. Initially she refused and on this Rajinder Singh threatened to commit suicide. He used to say that he wanted to marry her. He called her to Chandigarh and they stayed together in a hotel for two days
and on the pretext of solemnization of marriage, he maintained physical relations with her. Thereafter, they again met at Jalandhar and at Amritsar. Every time, he maintained physical relations with her on the false pretext of marriage. Later-on he started threatening her not to disclose about their relationship, otherwise he will viral her photographs in the village. He refused to marry her. With these allegations, present FIR has been registered. 3.
Learned counsel for petitioner argued that initially arrest of petitioner was stayed by the Coordinate Bench vide order dated 16.05.2023. He has joined the investigation. Allegations levelled against him are false. Father of the complainant had taken loan of Rs.2 lakhs from the petitioner on the pretext of marriage of his son which was fixed in March, 2020. Lateron, due to Covid-19, marriage was postponed and the father of petitioner again asked for money to which he refused. Prosecutrix is 29 years of age doing post graduation in Political Science. Despite aforesaid dispute with the father of the prosecutrix, she continued her relationship with the petitioner. She wanted to marry him as he was having good income by serving in BSF. Allegations regarding maintaining physical relations on the false pretext of marriage are false. He has already joined the investigation. Therefore, he is not required for any other purpose and his anticipatory bail may be allowed.
4.
Status report is filed confirming the registration of FIR on the statement of prosecutrix. It is submitted that petitioner joined investigation on 25.02.2025. On the same day, blood sample of petitioner was drawn for DNA test. Investigation in this case is still going on. At present, petitioner is
not required for further investigation.
5.
I have considered the arguments and have gone through the record. Petitioner was granted interim relief vide order dated 16.05.2023 which continued till date. He joined investigation in pursuance to the order dated 13.02.2025. Petitioner is serving in BSF. He is not likely to abscond. He has joined the investigation and fully cooperated. Therefore, no purpose would be served by sending him behind the bars. Considering the aforesaid factual position, anticipatory bail application filed by petitioner 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 438 (2) Cr.P.C. 8&
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