IN THE COURT OF TARSEM MANGLA,ADDL. SESSIONS JUDGE; SAS NAGAR MOHALI

BAIL APPLICATION No. 68 OF 7.4.2015CIS NO. BA/000408/2015DATE OF DECISION: 27.4.2015

Surinderjit Singh Rana aged about 41 years son of Amarjit Singh resident of House No.1493, Phase-3B-2, SAS Nagar Mohali.

...ApplicantVersus

State of Punjab.

...Respondent…Bail application under Section 438 Cr.P.C for grant of bail, in case FIR No.48 dated 1.4.2015 under Section 376 IPC, P.S Mataur District Mohali.….

Present: Sh. H.S Dhanoa Adv for applicant-accused Sh. Bhupinder Singh Addl.P.P for the State assisted by

Shri A.P.S Shergil Adv counsel for complainant

ORDERThis order of mine will dispose of bail application

moved on behalf of applicant-accused Surinderjit Singh, under Section

376 IPC, by invoking the provisions of Section 438 Cr.P.C.

2. When notice of the bail application was issued, learned

Addl.P.P for the State appeared. Investigating Officer also produced the

police file. Shri A.P.S Shergil Adv counsel for complainant appeared and

contested the bail application.

3. I have heard the learned counsel for the applicant-

accused, learned Addl.P.P for the State and have also gone through the

record.

4. Facts relevant for disposal of this bail application are

that applicant-accused Surinderjit Singh had already been married to

Taranjit Kaur with whom he was in matrimonial litigation but during the

pendency of the matrimonial litigation, without obtaining divorce from

Taranjit Kaur, he solemnized marriage with complainant Kamalpreet

Kaur. In her written complaint dated 20.10.2014, Kamalpreet Kaur has

alleged that accused-applicant approached her through a member of Sikh

2 Surinderjit Singh vs State of Punjab

Sangat Gurudwara Nauvi Pathshahi, Guru Teg Bahadur Nagar Jalandhar

and sought permission of his mother to marry her and although she told

him that her divorce proceedings were yet to be finalized and that her

husband had been proceeded against ex-parte on 7.5.2015 but accused-

applicant pressurized her family and solemnized marriage with her at

Gurudwara Sing Sabha Urban Estate Phase-2 Jalandhar on 17.6.2014 and

brought her at Mohali where he established sexual relations with her

under the pretext that she was his legally wedded wife. It was further

alleged that applicant-accused had abnormal sexual tendencies and

indulged in weird sexual behaviour as he used to indulge in anal

intercourse with her without her wishes, due to which she developed a

serious infection in her anal region and had to go a major surgery and

when she narrated her woes, her parents visited her and took her with

them.

5. Thus there are serious allegations of committing

sodomy as well as committing rape with the complainant under the

pretext that she was his legally wedded wife though till date he is still

marriaged with Taranjit Kaur from whom he has not obtained any divorce.

6. Although learned counsel for applicant-accused

submitted that the complainant knew about marital status of applicant-

accused much before going ahead to solemnize marriage with him and

that allegations of sodomy are motivated. In this regard learned counsel

took this court through the WhatsApp Chat which allegedly occurred

between them but I find the allegations very serious. At least the

applicant-accused do not deserve the concession of pre-arrest bail

especially when all the disputed facts are required to be duly and

thoroughly investigated into for which his custodial interrogation is

strongly indicated. Consequently, finding no merit, the bail application

stands dismissed. Police records be returned and records of bail

application be consigned to the record room.

Pronounced in open court ( Tarsem Mangla)Dated: 27.4.2015 Addl. Sessions Judge,

SAS Nagar Mohali*Narinder Singh

3 Surinderjit Singh vs State of Punjab