The Supreme Court has issued notice in a plea filed by a rape accused challenging the Punjab and Haryana High Court order which had dismissed his anticipatory bail application in a FIR no. 193 dated December 8, 2020 registered at police station Sadhaura, district Yamuna Nagar under section 376(2)(n) IPC. (Arun Kumar v State of Haryana)
A two-judge bench of Justice Mohan M. Shantanagoudar and Justice Vineet Saran has issued notice on the plea.
The aforesaid FIR was registered at the behest of prosecutrix, wherein she has complained that in 2014, she used to take coaching in Yamuna Nagar and she came in contact with the petitioner, who used to visit her house also. In 2015, the petitioner got a job in a bank. He used to help her in her exams and used to take her to the examination centres also.
In 2018, the accused/petitioner committed rape at her house against her wishes on the false pretext of marriage. The petitioner continued to repeat the act. However, when the mother of prosecutrix and her relatives visited the house of the accused so as to talk regarding the marriage prospects, the family of petitioner denied the proposal and refused to perform marriage with her.
Thereafter, the petitioner got suitable match for himself and got engaged with someone.
The High Court of Punjab and Haryana while dismissing the anticipatory bail of petitioner observed the mala fide intentions of the accused person by messaging the victim on WhatsApp even after his engagement, top of which he still established physical relations with the victim.
Further, the court said, “it can be inferred that he made false promise to the prosecutrix to marry her and on the pretext of such false promise, made physical relations with her. Therefore, this court does not find any reason to grant anticipatory bail to the petitioner.”
The apex court will hear the matter after three weeks.