Aman @ Gullu vs State of Punjab

Gurdev Singh, J.—Heard.

Petitioner, Aman @ Gullu, has filed this petition u/s 439(1) of the Code of Criminal Procedure for grant of regular bail for the offences under Sections 420, 506, 376 and 120-B of the Indian Penal Code in respect of which FIR No. 480 dated 8.12.2007 was registered in Police Station Civil Lines, Amritsar and for which he is already standing his trial before the court.

According to him, he has been falsely implicated as he had dared to ask the complainant to return the loan, which was taken by her from him and that he has no criminal past.

The FIR was registered on the written application of the prosecutrix in which she detailed all the facts. As per the contents thereof, the present petitioner and his mother developed friendly relations with the prosecutrix and managed to get Rs. 1,50,000/- from her, which they did not repay and after the compromise was entered into, petitioner gave Esteem car, which was in a very bad condition, one mobile and a cheque of Rs. 30,000/- to her. It was on 23.5.2007 at about 8-00 p.m., that they administered some intoxicating substance to the prosecutrix and taking advantage of her unconsciousness, the petitioner not only committed rape on her but also took her objectionable photographs and on the basis thereof he had been black mailing her and extracting different amounts of money from her. When the petitioner exceeded all the limits, the prosecutrix took courage to approach the police.

This petition has been pressed on the ground that there is delay in lodging the FIR and that the offence u/s 376 IPC was added subsequently and that there was dispute between the parties only regarding the loan and that after the death of the prosecutrix, there is no chances of the conviction of the petitioner.

The bail cannot be granted simply on the said submissions made by Counsel for the petitioner. In such like cases, delay is not material. The offence u/s 376 IPC is made out from the contents of the FIR and if the police omitted to mention this Section and the same was added subsequently, it has no effect on the merits of the case. On account of the death of the prosecutrix, it cannot be concluded that the trial will ultimately terminate in favour of the petitioner.

It cannot be inferred from the contents of the FIR that the same contains false facts and that the story was fabricated by the prosecutrix on account of the amount advanced by her to the petitioner and his mother.

The facts, as disclosed in the FIR are such, the petitioner is not entitled to the benefit of bail. He had violated the soul of the prosecutrix repeatedly and on the basis of the objectionable photographs taken by him, he had been black mailing her and extracting different amounts of money from her.

The petition is dismissed accordingly.