CRM-M-24213-2025 1 226 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-24213-2025 Date of decision: 31.07.2025 KISHAN KUMAR PRAJAPATI ....Petitioner Versus STATE OF HARYANA ....Respondent CORAM: HON'BLE MRS. JUSTICE AMARJOT BHATTI Present: Ms. Arzoo Raj, Advocate for the petitioner (appeared through video conferencing). Mr. Ayuwan Singh, AAG, Haryana. **** AMARJOT BHATTI , J. Petitioner has filed petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in FIR No.0014, dated 08.01.2025, under Sections 312, 376(2)(n) and 406 of IPC, registered at Police Station Gurgaon Sadar, Haryana. 2. As per facts of the case, prosecutrix gave her statement that she was working as Account Specialist in AN J.P. Morgan Company, Mind Space, Malad, West Mumbai earlier. She was staying with her mother and sister in Delhi. She took admission in dance classes in July, 2021 with Star Dance Company situated in Gurugram. The said dance classes were given by their dance Teacher Panchan Prajapati, age about 32 years, resident of Meerut cantonment Uttar Pradesh. They got friendly with each other from the year 2021 to January 2023. In March, 2023 there was dance festival competition in which she was to participate and to do more practice late evening. They started staying together and used to practice in MONIKA RANI 2025.08.04 09:13 I attest to the accuracy and integrity of this document CRM-M-24213-2025 2 2 BHK Flat at Redwood 15, Ground Floor, Malibu Town, Sector- 47 Gurugram, Haryana. However, during that period, they were not ready for marriage. On 18.03.2023, during dance practice he tried to misbehave but she avoided him. After dinner when she returned her room Kishan Kumar entered her bedroom and tried to get intimate by saying that they would perform marriage soon and he forcibly established physical relations with her. Thereafter, on the pretext of marriage, he continued to have physical relations till October 2023. Thereafter they decided to shift to Mumbai for a reality show but it was decided that they will live separately. Later on, Kishan Kumar shifted to her flat as his flat was situated far away. He again developed physical relations on the pretext of marriage. During this period, she got pregnant and when Kishan Kumar came to know about it he pressurized her to abort the child, as they were not financially settled in their career to take care of a child. The abortion was done against her wish. Thereafter, they shifted to another flat in West Mumbai. Mother of Kishan Kumar knew about their relationship. The quarrel started between them as he was not ready to marry her. She again got pregnant and insisted him to perform marriage but he refused. From there they shifted to Gurgaon. She was again forced to abort the child. With these allegations, present FIR has been registered. 3. Learned counsel representing petitioner argued that allegations levelled against him are false. He was arrested on 27.01.2025. The case is at initial stage. He is a professional dancer. He came in contact with prosecutrix. Their relationship was consensual. The photographs of the applicant and the prosecutrix are Anexure P-5 and print out of MONIKA RANI 2025.08.04 09:13 I attest to the accuracy and integrity of this document CRM-M-24213-2025 3 whatsapp chat is Annexure P-6. There is unexplained delay in lodging the report to the police. In fact, after the breakup this false FIR has been lodged. It is pointed out that the abortion was got done with her own sweet will. All allegations are baseless. Earlier petitioner had filed regular bail application (Annexure P-3) before learned Sessions Court, Gurugram which was rejected vide order dated 28.02.2025 (Annexure P-4) without proper appreciation of the facts of the case. Trial in this case may take long time. He is ready to abide by the terms and condition of bail order, therefore, his regular bail petition may be allowed. 4. Learned counsel representing State filed detailed status report. confirming the facts, stated in the FIR. Petitioner was arrested on 27.01.2025. During the course of investigation, the statement of the victim was recorded under Section 183 of BNSS, 2023 (Annexure R-1) and copy of her MLR is Ananexure R-2. Investigation was completed and challan has been presented on 21.03.2025. Charge sheet is yet to be framed. There are specific serious allegations against the petitioner. Therefore, he is not entitled to be released on regular bail. 5. I have considered the arguments and facts of the present case. Prosecutrix has levelled allegations of repeated rape by giving false assurance of marriage. She further claimed that during this period, she got pregnant twice and under the compelled circumstances created by the petitioner, abortion was done against her wishes. The investigation was completed and challan is already presented on 21.03.2025. Charge sheet is yet to be framed and thereafter the statements of prosecutrix can be recorded. MONIKA RANI 2025.08.04 09:13 I attest to the accuracy and integrity of this document CRM-M-24213-2025 4 6. Considering the gravity of offence, at this stage, I do not deem it appropriate to release the petitioner on regular bail. Therefore, his regular bail petition is accordingly declined. 7. Pending miscellaneous application, if any, shall also stands disposed of accordingly. (AMARJOT BHATTI) JUDGE 31.07.2025 monika 1. Whether speaking/ reasoned : Yes /No 2. Whether reportable : Yes /No MONIKA RANI 2025.08.04 09:13 I attest to the accuracy and integrity of this document