Criminal Misc. No.M-17631 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-17631 of 2011 Date of Decision: 23.11.2011. Vivek Sharma ...Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE M.M.S.BEDI Present: Mr.Aman Dhir, Advocate for the petitioner. Mr.P.S.Bajwa, Deputy Advocate General, Punjab. * * * M.M.S.BEDI, J.(Oral) The petitioner seeks concession of regular bail in a case registered at the instance of Kalpana alleging that she being a divorcee, gave a matrimonial advertisement in Daily Hindustan Times issued on 31.08.2003. The petitioner entered into matrimonial alliance and married to the complainant on 13.04.2004. The marriage was solemnized by spending huge amount. The petitioner resided with the complainant for a period of six years. The petitioner treated the complainant with cruelty and did not disclose at the time of marriage that he was already married. The petitioner had moved a complaint against the complainant alleging that she was not his wife as he had not taken divorce from his earlier marriage. With this background, the complainant has claimed that she had been sexually exploited, defrauded and cheated. The petitioner has been in custody w.e.f. 11.11.2010. The statement of the complainant has already been recorded. A perusal of the statement of the Criminal Misc. No.M-17631 of 2011 2 prosecutrix made in the court indicates that it will be debatable whether the complainant had maintained physical relations with the complainant considering him to be her husband or whether her consent had been obtained by fraudulent means to determine whether the act alleged against the petitioner falls within the definition of Section 375 IPC warranting conviction under Section 376 IPC. Since the prosecutrix has already been examined, chances of tampering with the evidence are remote. Without expression of any opinion on the merits of the case at this stage, taking into consideration the period of detention already suffered by the petitioner, the petitioner can be granted the concession of bail. The petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of trial court. (M.M.S.BEDI) 23rd November, 2011. JUDGE Seema- II