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2021 DAILYLAW 2165 (PNJ)

SUNNY KUMAR JHA v. STATE OF PUNJAB

CRM-M/3224/2026 · 2026-04-21

Alok Jain

body2021

Judgment text

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CRM-M-3224 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (206) SUNNY KUMAR JHA STATE OF PUNJAB CORAM: Present: ALOK JAIN, J. 1. to the petitioner in case FIR No. 122 dated 09.05.2021, under Sections 376(1), 420, and 120 SAS Nagar. 2. through the factual matrix and the FIR, has opened her arguments by submitting that the complainant is not a minor, but rather a 43 matured woman evasive allegations the complainant to establish marriage and lakhs. 3. Indian Air Force and that the petitioner and the complainant -1- 3224-2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH SUNNY KUMAR JHA Versus STATE OF PUNJAB HON’BLE MR. JUSTICE ALOK JAIN **** Ms. G.K. Mann, Senior Advocate along with Mr. Jaskaran Sibia, Advocate for the petitioner. Mr. Japjot Singh AAG, Punjab. Mr. H.S. Chaddha, Advocate for the complainant. ***** ALOK JAIN, J. (Oral) The present petition has been filed for the grant of regular bail to the petitioner in case FIR No. 122 dated 09.05.2021, under Sections 376(1), 420, and 120-B of IPC, registered at Police Station Mataur, District SAS Nagar. Learned senior counsel for the petitioner, after taking the Court through the factual matrix and the FIR, has opened her arguments by submitting that the complainant is not a minor, but rather a 43 woman, having two children. It is contended that allegations have been levelled against the the complainant to establish physical relationship on the marriage and also defrauded her of an amount of approximately Rs. 50 It is further submitted that the petitioner was posted in the Indian Air Force and that the petitioner and the complainant IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-3224-2026 (O&M) Date of Decision:- 21.04.2026 ……Petitioner ……Respondent ALOK JAIN Ms. G.K. Mann, Senior Advocate along with Mr. Jaskaran Sibia, Advocate for the petitioner. Mr. Japjot Singh AAG, Punjab. Mr. H.S. Chaddha, Advocate for the complainant. The present petition has been filed for the grant of regular bail to the petitioner in case FIR No. 122 dated 09.05.2021, under Sections B of IPC, registered at Police Station Mataur, District counsel for the petitioner, after taking the Court through the factual matrix and the FIR, has opened her arguments by submitting that the complainant is not a minor, but rather a 43 years old, It is contended that vague and have been levelled against the petitioner that he induced physical relationship on the false pretext of defrauded her of an amount of approximately Rs. 50 It is further submitted that the petitioner was posted in the Indian Air Force and that the petitioner and the complainant came in 21.04.2026 ……Petitioner ……Respondent The present petition has been filed for the grant of regular bail to the petitioner in case FIR No. 122 dated 09.05.2021, under Sections B of IPC, registered at Police Station Mataur, District counsel for the petitioner, after taking the Court through the factual matrix and the FIR, has opened her arguments by old, ue and induced pretext of defrauded her of an amount of approximately Rs. 50 It is further submitted that the petitioner was posted in the in MANJU 2026.04.23 17:17 I attest to the accuracy and integrity of this document CRM-M-3224 contact through submitted that there is an inordinate and unexplained d lodging the FIR from the date of the first alleged incident, when the parties allegedly had a consensual physical relationship. It is argued that the FIR does not disclose any specific date or time when the petitioner allegedly violated the complainant evidence to corroborate the same. 4. transactions between the parties, and a purely civil dispute involving money has been given antecedents and is not involved in any other case. Learned senior counsel further submits that the material witnesses have already been examined and, therefore, further incarceration of the petition 5. complainant, has vehemently opposed the grant of regular bail to the petitioner and has submitted that the petitioner is submitted that the FIR w bail application of the petitioner was dismissed on 21.12.2021. Thereafter, the petitioner absconded from the process of law, and since the authorities were not taking appropriate action, the complainant w approach this Court by filing CRM directions. It was only thereafter that the authorities initiated action. Subsequently, after four years, the petitioner again approached the Hon’ble High Court for grant 15.07.2025. Thereafter, the Hon’ble Apex Court also dismissed the petition -2- 3224-2026 (O&M) through an App, where they used to sing songs together. It is also submitted that there is an inordinate and unexplained d lodging the FIR from the date of the first alleged incident, when the parties allegedly had a consensual physical relationship. It is argued that the FIR does not disclose any specific date or time when the petitioner allegedly the complainant against her will, and further, there is no medical evidence to corroborate the same. It is further submitted that there were certain monetary transactions between the parties, and a purely civil dispute involving money has been given a criminal colour. The petitioner is stated to have clean antecedents and is not involved in any other case. Learned senior counsel further submits that the material witnesses have already been examined and, therefore, further incarceration of the petition Per contra, learned State counsel, assisted by counsel for the complainant, has vehemently opposed the grant of regular bail to the petitioner and has submitted that the petitioner is submitted that the FIR was lodged on 09.05.2021 and the first anticipatory bail application of the petitioner was dismissed on 21.12.2021. Thereafter, the petitioner absconded from the process of law, and since the authorities were not taking appropriate action, the complainant w approach this Court by filing CRM-M-17102 directions. It was only thereafter that the authorities initiated action. Subsequently, after four years, the petitioner again approached the Hon’ble High Court for grant of anticipatory bail, which was dismissed on 15.07.2025. Thereafter, the Hon’ble Apex Court also dismissed the petition , where they used to sing songs together. It is also submitted that there is an inordinate and unexplained delay of two years in lodging the FIR from the date of the first alleged incident, when the parties allegedly had a consensual physical relationship. It is argued that the FIR does not disclose any specific date or time when the petitioner allegedly against her will, and further, there is no medical It is further submitted that there were certain monetary transactions between the parties, and a purely civil dispute involving money a criminal colour. The petitioner is stated to have clean antecedents and is not involved in any other case. Learned senior counsel further submits that the material witnesses have already been examined and, therefore, further incarceration of the petitioner is not required. earned State counsel, assisted by counsel for the complainant, has vehemently opposed the grant of regular bail to the petitioner and has submitted that the petitioner is at a flight risk. It is as lodged on 09.05.2021 and the first anticipatory bail application of the petitioner was dismissed on 21.12.2021. Thereafter, the petitioner absconded from the process of law, and since the authorities were not taking appropriate action, the complainant was constrained to 17102-2025 seeking appropriate directions. It was only thereafter that the authorities initiated action. Subsequently, after four years, the petitioner again approached the Hon’ble of anticipatory bail, which was dismissed on 15.07.2025. Thereafter, the Hon’ble Apex Court also dismissed the petition , where they used to sing songs together. It is also elay of two years in lodging the FIR from the date of the first alleged incident, when the parties allegedly had a consensual physical relationship. It is argued that the FIR does not disclose any specific date or time when the petitioner allegedly against her will, and further, there is no medical It is further submitted that there were certain monetary transactions between the parties, and a purely civil dispute involving money a criminal colour. The petitioner is stated to have clean antecedents and is not involved in any other case. Learned senior counsel further submits that the material witnesses have already been examined and, earned State counsel, assisted by counsel for the complainant, has vehemently opposed the grant of regular bail to the flight risk. It is as lodged on 09.05.2021 and the first anticipatory bail application of the petitioner was dismissed on 21.12.2021. Thereafter, the petitioner absconded from the process of law, and since the authorities as constrained to 2025 seeking appropriate directions. It was only thereafter that the authorities initiated action. Subsequently, after four years, the petitioner again approached the Hon’ble of anticipatory bail, which was dismissed on 15.07.2025. Thereafter, the Hon’ble Apex Court also dismissed the petition MANJU 2026.04.23 17:17 I attest to the accuracy and integrity of this document CRM-M-3224 for anticipatory bail on 01.09.2025. It was only thereafter that the petitioner surrendered on 16.09.2025. 6. there are specific allegations and cogent proof of money having been transferred not only into the account of the petitioner but also into the account of the petitioner’s father, who is still absco of law from from the complainant. It is specifically submitted that the petitioner emotionally trapped the complainant and took advantage of her vulnerable condition, as he attempting to recover from the said emotional trauma, the petitioner allegedly induced her into a relationship by projecting a protective and supportive environment for her and her minor children. a lady, who lost her husband and had responsibility of minor children prey to the trap of the petitioner and lost not only her dignity but also money. 7. transferred into the accused are absconding would adversely affect the proceedings. 8. 9. relationship with the complainant on the false pretext of marriage and misappropriating her money have been made. Although the testimony of the complainant has been recorded, the fact that the other co -3- 3224-2026 (O&M) for anticipatory bail on 01.09.2025. It was only thereafter that the petitioner surrendered on 16.09.2025. Learned counsel for the complainant further there are specific allegations and cogent proof of money having been transferred not only into the account of the petitioner but also into the account of the petitioner’s father, who is still absco from the last five years, along with the amount allegedly usurped from the complainant. It is specifically submitted that the petitioner emotionally trapped the complainant and took advantage of her vulnerable condition, as her husband had expired in February 2 attempting to recover from the said emotional trauma, the petitioner allegedly induced her into a relationship by projecting a protective and supportive environment for her and her minor children. who lost her husband and had responsibility of minor children prey to the trap of the petitioner and lost not only her dignity but also Learned State counsel has also submitted that the amounts transferred into the bank accounts are yet to be recovered, and other co accused are absconding, therefore, the grant of regular bail to the petitioner would adversely affect the proceedings. Heard learned counsel for the parties at length. Admittedly, serious allegations of establishing a physical relationship with the complainant on the false pretext of marriage and misappropriating her money have been made. Although the testimony of the complainant has been recorded, the fact that the other co for anticipatory bail on 01.09.2025. It was only thereafter that the petitioner Learned counsel for the complainant further submitted that there are specific allegations and cogent proof of money having been transferred not only into the account of the petitioner but also into the account of the petitioner’s father, who is still absconding from the process the last five years, along with the amount allegedly usurped from the complainant. It is specifically submitted that the petitioner emotionally trapped the complainant and took advantage of her vulnerable r husband had expired in February 2019 and while she was attempting to recover from the said emotional trauma, the petitioner allegedly induced her into a relationship by projecting a protective and supportive environment for her and her minor children. The complainant is who lost her husband and had responsibility of minor children, fell prey to the trap of the petitioner and lost not only her dignity but also Learned State counsel has also submitted that the amounts bank accounts are yet to be recovered, and other co- therefore, the grant of regular bail to the petitioner Heard learned counsel for the parties at length. ions of establishing a physical relationship with the complainant on the false pretext of marriage and misappropriating her money have been made. Although the testimony of the complainant has been recorded, the fact that the other co-accused are for anticipatory bail on 01.09.2025. It was only thereafter that the petitioner submitted that there are specific allegations and cogent proof of money having been transferred not only into the account of the petitioner but also into the nding from the process the last five years, along with the amount allegedly usurped from the complainant. It is specifically submitted that the petitioner emotionally trapped the complainant and took advantage of her vulnerable ile she was attempting to recover from the said emotional trauma, the petitioner allegedly induced her into a relationship by projecting a protective and e complainant is fell prey to the trap of the petitioner and lost not only her dignity but also Learned State counsel has also submitted that the amounts - therefore, the grant of regular bail to the petitioner ions of establishing a physical relationship with the complainant on the false pretext of marriage and misappropriating her money have been made. Although the testimony of accused are MANJU 2026.04.23 17:17 I attest to the accuracy and integrity of this document CRM-M-3224 still absconding from the process of law lodged in the year 2021, and for the last five years, the accused have allegedly abused and evaded the process of law. 10. despite his first anticipatory bail having dismissed in 2021 he absconded for four years together and again took chance by filing anticipatory bail in High Court in the year 2025 which came to be dismissed vide order dated 15.07.2025 and subsequently he approache year 2025 dated 01.09.2025 to the petitioner that he surrendered represented himself as an unmarried man and, despite being in a consensual relationship with the complainant, solemnized marriage with another person, thereby misleading and exploiting the complainant both emotionally and financially. huge amounts in his account is also absconding 11. senior counsel for the petitioner as to whether the petitioner is willing to deposit the amount received in his own acco his father, learned counsel, on instructions, submitted that the petitioner does not have the financial means to deposit the said amount. 12. petitioner, and the li of law and the argument of the State counsel and complainant, does not find any ground to -4- 3224-2026 (O&M) onding from the process of law, cannot be ignored. The FIR was lodged in the year 2021, and for the last five years, the accused have allegedly abused and evaded the process of law. The petitioner appears to be is first anticipatory bail having dismissed in 2021 he absconded for four years together and again took chance by filing anticipatory bail in High Court in the year 2025 which came to be dismissed vide order dated 15.07.2025 and subsequently he approached Hon’ble Supreme Court in the year 2025 notably it was only after the order of dated 01.09.2025 declining the grant of the concession of anticipatory bail petitioner that he surrendered. Moreover, the petitioner had represented himself as an unmarried man and, despite being in a consensual relationship with the complainant, solemnized marriage with another person, thereby misleading and exploiting the complainant both emotionally and financially. The father of the pet huge amounts in his account is also absconding However, at this stage, on a specific query put to learned senior counsel for the petitioner as to whether the petitioner is willing to deposit the amount received in his own acco his father, learned counsel, on instructions, submitted that the petitioner does not have the financial means to deposit the said amount. In view of the gravity of the offence, the conduct of the petitioner, and the likelihood of the petitioner to of law and the argument of the State counsel and complainant, does not find any ground to grant the concession cannot be ignored. The FIR was lodged in the year 2021, and for the last five years, the accused have allegedly abused and evaded the process of law. The petitioner appears to be at a high flight risk, and as is first anticipatory bail having dismissed in 2021 he absconded for four years together and again took chance by filing anticipatory bail in High Court in the year 2025 which came to be dismissed vide order dated d Hon’ble Supreme Court in the order of Hon’ble Supreme Court the concession of anticipatory bail . Moreover, the petitioner had represented himself as an unmarried man and, despite being in a consensual relationship with the complainant, solemnized marriage with another person, thereby misleading and exploiting the complainant both The father of the petitioner who has received huge amounts in his account is also absconding n a specific query put to learned senior counsel for the petitioner as to whether the petitioner is willing to deposit the amount received in his own account as well as in the account of his father, learned counsel, on instructions, submitted that the petitioner does not have the financial means to deposit the said amount. In view of the gravity of the offence, the conduct of the the petitioner to abscond from the process of law and the argument of the State counsel and complainant, this Court the concession of regular bail to the cannot be ignored. The FIR was lodged in the year 2021, and for the last five years, the accused have as is first anticipatory bail having dismissed in 2021 he absconded for four years together and again took chance by filing anticipatory bail in High Court in the year 2025 which came to be dismissed vide order dated d Hon’ble Supreme Court in the Hon’ble Supreme Court the concession of anticipatory bail . Moreover, the petitioner had represented himself as an unmarried man and, despite being in a consensual relationship with the complainant, solemnized marriage with another person, thereby misleading and exploiting the complainant both itioner who has received n a specific query put to learned senior counsel for the petitioner as to whether the petitioner is willing to unt as well as in the account of his father, learned counsel, on instructions, submitted that the petitioner In view of the gravity of the offence, the conduct of the ss this Court to the MANJU 2026.04.23 17:17 I attest to the accuracy and integrity of this document CRM-M-3224 petitioner, therefore, f dismissed. 13. April 21, 2026 manju Whether speaking/reasoned: Whether Reportable: -5- 3224-2026 (O&M) petitioner, therefore, finding no merit in the present p Pending application(s), if any, stands disposed of. April 21, 2026 Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No inding no merit in the present petition, the same is Pending application(s), if any, stands disposed of. (ALOK JAIN) JUDGE etition, the same is MANJU 2026.04.23 17:17 I attest to the accuracy and integrity of this document