R.P.NAGRATH, J. - (1.) THIS petition under Section 439 Cr.P.C. has been filed by the petitioner for grant of regular bail in FIR No. 104 dated 17.5.2013 registered under Sections 376/120 -B IPC and Section 201 IPC (added later on) at Police Station Faridabad NIT. The FIR was registered on the statement of prosecutrix.
(2.) THE story as stated in the FIR reads as under: - ".......... I have done my studies from B.K. Senior Secondary School, Shiv Vihar Palwal and K.L. Mehta Dayanand College, NIT 3 Faridabad. That Dhanwanti D/o Radha Charan R/o H.No. 75/4/DD 30/1, behind Bharti School, Palawal, was also with me in school. That some months back, Dhanwanti and her brother Sanjay met me in the market of NIT 5. That after some days calls started coming on my mobile No. 8588054417 from mobile Nos. 9354006007 and 9416200208. On asking, he disclosed his name as Sanjay and it was said that he met to me along with his sister. That he and his sister used to meet me. That one day I received the call from Sanjay that his sister is sitting in Coffee Day, NIT 5. You also come. That he took me from outside the college, in red coloured Bolero car with tinted glasses, to the Coffee Day. His Sister Dhanwanti was sitting there and she has already kept three coffees there. We consumed the coffee and I felt tidy thereafter. I asked her that what was mixed in the coffee but Dhanwanti said that I have acidity. After that I became unconscious. I got consciousness in the evening in the car and I was having severe body pain. That Sanjay committed rape with me forcefully. Sanjay showed me photos and videos of ours. That my objectionable photos were taken by him under the intoxicating condition. He threatened me to come in future on his calls otherwise he will distribute the photos and videos in college and everywhere. He started blackmailing me and took my original certificate from me. After some days, Dhanwanti brought Sanjay's mobile and showed me the same photos and videos. That Sanjay and his sister Dhanwanti threatened and blackmailed me. I did not disclose anything at my home. Sanjay called me on 18.10.2012 and threatened me to accompany him. The drama of marriage was conducted at Arya Smaj Temple, Jamuna Bazar under pressure. Sanjay called me under pressure on 23.102012 and brought me near earlier temple and done the drama of marriage again and threatened me. Thereafter, on 17.10.2013, Sanjay, his sister Dhanwanti and Kusum and his father Radha Charan called me on phone and stated that Sanjay has committed a wrong act and you go with him to court for cancellation of marriage which was solemnized under pressure. I was also tortured mentally and I went with Sanjay under fear. Sanjay and his family threatened me to go according to Sanjay otherwise she will be defamed. That I remained under pressure. That Sanjay committed rape with me many times during this period and physically tortured me. That now Sanay, his sisters Dhanwanti and Kusum and his father Radha Charan are defaming me and all of them are involved in this conspiracy." I have heard learned counsel for the petitioner, learned State counsel and learned counsel for the complainant. Learned counsel for the petitioner submits that marriage was solemnized against the wishes of family of the girl. Photographs of the couple in support of this contention are Annexure P -3. Learned counsel for the petitioner has also relied upon various emails (Annexure P -5) and SMS messages (Annexure P -8) sent by the girl to petitioner. In order to rule out any contention against the petitioner specific reference has been made to the SMS dated 3.2.2013 that "Mujhe le jao court marriage k baare me bta diya sonia bhabhi ne ye tumhemarne k liye ghoomrhe ha akele mat aana sab mer chhati pr baithe ha me rajai me hu".
(3.) LEARNED counsel for the petitioner also submits and this fact is not disputed that the petitioner filed Habeas Corpus petition bearing CRWP -970 -2013 on 2.5.2013 and the present FIR was registered thereafter. The recovery of CD/video was not effected during investigation. It is contended for the State that the same were destroyed and that is why Section 201 IPC has been added.;