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High Court of Punjab and HaryanaCRM-M/62621/2024allowed

Ashish Soni v. State Of Punjab

2025-03-24Mrs. Justice Amarjot Bhatti3 pages

    

     

     

     

                      



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0$8(9:  Petitioner has filed instant petition under Section 483 of /( ; .( <'2(<!/'"/ 02023 for grant of regular bail in FIR No.152 dated 08.11.2024 under Section 376 IPC registered at Police Station Women Cell, SAS Nagar, Mohali. 2.

As per facts of the case, prosecutrix gave her statement that she had given advertisement on matrimonial website shadi.com and she came in contact with Ashish Soni who in response to the said advertisement proposed for marriage. Thereafter, they started meeting and her family also supported her. Ashish Soni started visiting in her PG accommodation Phasev, Mohali and expressed his intention to marry her. On 25.07.2023, he

 invited her to his flat in Zirakpur where he spiked her cold drink and thereafter under its influence he forcibly established physical relations with her. He assured to marry her. Complainant has also referred to the money which was allegedly given by her to Ashish Soni out of which he returned Rs.1 lakh only. Their relationship continued smoothly and after some time he started avoiding her and came to know that he was engaged with some other girl. Prosecutrix alleged that Ashish Soni exploited her and ruined her life by a false promise of marriage. He also threatened to upload her obscene video on social media. With these allegations, present FIR has been registered.  3.

Learned counsel for petitioner argued that allegations levelled by prosecutrix are false. There is long delay in lodging the report with the police. Prosecutrix is about 40 years of age. Her date of birth is 28.11.1984 and she is about 9 years elder to the present petitioner who is 31 years of age. Prosecutrix frequently attend parties and indulged in social drinking and smoking. Her photographs are annexed as Annexure A-1. Their relationship was with mutual consent. Families were aware of their relationship. It is denied that anything was done with false promise of marriage. In-fact, prosecutrix raised demand for money and started blackmailing him. FIR has been lodged with malafide intention. Petitioner has already joined investigation. He was arrested on 08.11.2024. Challan is also presented. He is ready to abide by the terms of bail order and will regularly face the trial. 4.

Bail application is opposed by learned counsel representing

% State. Status report is filed confirming the facts detailed in the FIR. It is confirmed that after completion of investigation, challan is already presented on 07.02.2025 and chargesheet is yet to be framed and then statement of prosecutrix is to be recorded.

5.

I have considered the arguments and have gone through the record. It is not disputed that prosecutrix is around 39 years of age whereas petitioner is about 31 years of age. Petitioner has not denied their relationship altogether. It is pointed out that relationship was consensual. Petitioner has also annexed certain photographs allegedly of the prosecutrix along with him. There was allegedly no false promise of marriage. Facts stated by petitioner and the stand taken by the present petitioner is matter of trial. Challan is already presented after completion of investigation. Present petitioner is behind the bars since 13.11.2024. Trial in this case may take long time. Therefore, without going on the merits of the case, regular bail application filed by petitioner is allowed and he is ordered to be released on bail   

     

             

  

  



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