CRM No.M-23366 of 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-23366 of 2011(O&M) Date of decision:- 24.08.2011 Jagdish Kumar alias Deesha ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Sumeet Goel, Advocate for the petitioner. Mr.A.S. Rai, DAG., Punjab. RAKESH KUMAR JAIN J.(Oral) This is an application for grant of bail during the pendency of trial in case registered vide FIR No.42 dated 24.03.2011, under Sections 376, 506, 323, 148, 149 IPC, at Police Station Lambi, Tehsil Malout, District Sri Muktsar Sahib, Punjab. Learned counsel for the petitioner submits that the petitioner is in custody since 25.03.2011, against whom the allegation is that he has been raping the complainant from the last five years on the pretext of marrying her. Learned counsel for the petitioner has relied upon decision of the Supreme Court in case of Pardeep Kumar @ Pardeep Kumar Verma versus State of Bihar and another 2007 (4) R.C.R. (Criminal) 51, in which it has been held that if the accused promised to marry and had sexual relationship with the prosecutrix, but could not marry under changed circumstance, he could not be held guilty of CRM No.M-23366 of 2011(O&M) -2- offence of rape. He has also relied upon another judgment of Supreme Court in case of Deelip Singh @ Dilip Kumar versus State of Bihar 2004(9) JT 469, in which it has been held that if the accused has developed physical relations with the prosecutrix on account of promise to marry her, but marriage did not materilise due to family pressure, he could not be held guilty of rape, but only of breach of promise. Keeping in view the facts and circumstances of the case, but without making any observations on the merits, the present petition is allowed and the petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of the learned trial Court. 24.08.2011 (RAKESH KUMAR JAIN) Jyoti 1 JUDGE