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High Court of Punjab and HaryanaCRM-M/27527/2021allowed

Sanny Kumar Alias Sunny Kumar v. State Of Punjab

2021-11-08Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-27527-2021 [ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-27527-2021 Date of Decision: 08.11.2021 Sanny Kumar alias Sunny Kumar .........................Petitioner

Versus

State of Punjab........................................................... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL ...

(through video conferencing)

Present:

Mr.Arun Takhi, Advocate for the petitioner.

Mr. Luvinder Sofat, AAG, Punjab.

Mr. Lakhwinder Singh, Advocate for the complainant.

...

MANJARI NEHRU KAUL, J. (Oral) Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.113 dated 20.05.2021 under Sections 376, 506 IPC registered at Police Station Model Town Hoshiarpur, District Hoshiarpur. The pleaded case of the petitioner is that the relations, if any, between him and the prosecutrix were consensual in nature as would be evident from the perusal of the contents of the FIR in question. Learned counsel submits that since the petitioner was 26 years of age and there was an age gap of about 22 years between him and the prosecutrix, who was aged about 45 years, he turned down her marriage proposal as a result of which their relations soured leading to the FIR in question. Learned counsel RUPINDER KAUR 2021.11.09 12:58 I attest to the accuracy and integrity of this document

CRM-M-27527-2021 [ 2 ] has apprised the court that in compliance of order dated 16.07.2021 the petitioner has since joined investigation. Therefore, the present petition be allowed.

Learned counsel for the complainant has opposed the prayer of the petitioner by urging that there are serious and specific allegations levelled against him of violating the person of the prosecutrix aged about 45 years by giving her false promise of marriage. Learned counsel for the State, on instructions from SI Sukhdeep Kaur, states that the petitioner has indeed joined investigation pursuant to interim orders passed by this Court and his custodial interrogation is not required. No recovery is to be effected from him. In the circumstances, the instant petition is allowed and order dated 16.07.2021 is made absolute.

( MANJARI NEHRU KAUL) 08.11.2021 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:

Yes / No RUPINDER KAUR 2021.11.09 12:58 I attest to the accuracy and integrity of this document