Ravi vs State of Haryana

Naresh Kumar Sanghi, J.—Prayer in this petition is for grant of regular bail to the petitioner, Ravi son of Ramesh Kumar alias Luna Ram, resident of Village Chakka, Tehsil and District Sirsa, who has been booked for having committed the offences punishable under Sections 328, 452, 506, 376(2)(n) read with Section 120B, IPC, and Section 6 of the Protection of Children from Sexual Offences Act, 2012, in a case arising out of FIR No. 509, dated 27.05.2014, registered at Police Station, City, Sirsa.

Learned counsel contends that the prosecutrix and the petitioner had love affair with each other and in consequence thereof they wanted to solemnize the marriage, but due to confusion, the prosecutrix lodged the present FIR and thereafter the petitioner was arrested and put behind the bars. During pendency of the case, an application for grant of bail was presented before the learned Additional Sessions Judge, Sirsa, and it was ordered that the petitioner be taken in custody to the place of the marriage of the prosecutrix with the petitioner and, thereafter their marriage was solemnized on 08.06.2014. Learned Additional Sessions Judge has not assigned good reasons while dismissing the application for grant of bail to the petitioner. It has also been contended that the petitioner is neither required nor involved in any other case.

Learned counsel for the State, on instructions from ASI Jagat Ram of Police Station, City, Sirsa, very fairly concedes that the prosecutrix has solemnized the marriage with the petitioner on 08.06.2014. He further concedes that it is the consistent case of the prosecutrix that she was known to the petitioner and had an affair with him.

Learned counsel for the complainant-prosecutrix very fairly concedes that the prosecutrix has solemnized the marriage with the petitioner on 08.06.2014. He also submits that the prosecutrix has no objection if the bail is granted to the petitioner.

Heard.

While reporting the matter to the police, the prosecutrix alleged that she was a student of 10+1 and for the last several days the petitioner was following her and one day, he requested her to have friendship with him and after due deliberation, she agreed to his proposal. One day, he took the prosecutrix to the house of his uncle and made her to consume alcohol and when she regained consciousness then she realised that the rape was committed on her. When she confronted the petitioner then he promised to solemnize the marriage with her. The uncle of the petitioner also assured the prosecutrix that her marriage would be solemnized with the petitioner. The petitioner also gave some gifts to her on her birthday. Thereafter, the petitioner had sex with her several times. The petitioner suggested her to administer sleeping pills to her family members and she did it and thereafter the petitioner came to her house and while they were indulging in the sex then her father woke up and the petitioner ran away from there. The father of the prosecutrix approached the family members of the petitioner but they avoided the issue of marriage of the petitioner with the prosecutrix. Seeing no alternative, the prosecutrix had approached the police for lodging the First Information Report.

During the course of arguments, learned counsel for the petitioner and that of the complainant very fairly concede that at present the prosecutrix is 19 years old. The said fact has not been controverted by the learned counsel for the State.

Concededly, the prosecutrix had an affair with the petitioner. Now both of them have solemnized their marriage. Without commenting on the fact that under what circumstances the impugned FIR was registered, the petitioner deserves concession of bail and, as such, it is ordered that petitioner Ravi son of Ramesh Kumar alias Luna Ram, resident of Village Chakka, Tehsil and District Sirsa, be released on bail during the pendency of the trial of the present case subject to his furnishing bonds in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Sirsa.