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IN THE COURT OF TARSEM MANGLA,

ADDL. SESSIONS JUDGE; SAS NAGAR MOHALI


BAIL APPLICATION No. 68 OF 7.4.2015
CIS NO. BA/000408/2015
DATE 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.
...Applicant
Versus
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

ORDER
This 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

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 accusedapplicant 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 applicantaccused 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
Dated: 27.4.2015
*Narinder Singh

( Tarsem Mangla)
Addl. Sessions Judge,
SAS Nagar Mohali

Surinderjit Singh vs State of Punjab

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