Gurlal Singh Mall v. State of Punjab
In the High Court of Punjab & Haryana
CRM-M 45547/2023
Before Justice Sumeet Goel
Decided on January 05, 2024

Relevancy of the case: Bail application in a case involving cheating, alleged rape and recording of the act

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66E)
• The Indian Penal Code, 1860 (Section 376(2)(n), 420)

Relevant Facts of the Case

• The petitioner forcibly raped the prosecutrix by giving allurement of marriage and recorded the act.
• Moreover, he blackmailed her by taking obscene photographs and videos.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that the petitioner and the prosecutrix were in a consensual relationship and major in age. He has not coerced the prosecutrix to enter into a sexual relationship.
• The state’s counsel opposed the bail application, submitting that the allegations were serious in nature. Hence, the petitioner does not deserve the concession of the regular bail.

Opinion of the Bench

• There is no tangible material on record reflecting the likelihood of the petitioner to abscond from the process of justice.
• The prosecutrix and the petitioner have been in a relationship since 2019.

Final Decision

• The court allowed the petition and granted the bail subject to conditions.