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Surinderjit Singh vs State of Punjab

IN THE COURT OF TARSEM MANGLA;


ADDL.SESSIONS JUDGE; SAS NAGAR MOHALI
Bail application No. 321 of 26.10.2015
CIS No. BA-00001606/2015
Date of Decision: 8.1.2016
Surinderjit Singh Rana son of Amarjit Singh Rana aged 42 years,
resident of House No.1493, Phase 3B-2, SAS Nagar Mohali.
...Applicant-accused
Versus
State of Punjab.
Bail application under Section 439 Cr.P.C in case
FIR No. 48 dated 1.4.2015 Under Sections
376, 494 IPC.
Police Station Mataur.
.
Present:-

Sh.A.S Sukhija Adv counsel for applicantaccused.


Sh.Bhupinder Singh Addl.P.P for the State

ORDER
This order of mine shall dispose of above mentioned
bail application moved by applicant-accused Surinderjit Singh Rana,
seeking his bail under Sections 376, 494 IPC, by invoking the
provisions of Section 439 Cr.P.C.
2.

Upon notice learned Addl.P.P put in appearance and

contested the bail application. Record of Sessions Trial case was


summoned and perused.
3.

I have heard the learned Counsel for the applicant-

accused and the learned Addl.P.P for the State and have also gone
through the record.
4.

FIR in this case was got registered by moving a

written complaint by Kamalpreet Kaur on the allegations that she was


earlier married to Kuldeep Singh from whom she took divorce and
when applicant-accused approached her mother through Sikh Sangat
Gurudwara Nauvi Patshashi Guru Teg Bahadur Nagar Jalandhar, and
visited her home, she agreed to marry the applicant-accused and in this

Surinderjit Singh vs State of Punjab

regard a roka ceremony took place on 30.4.2014. She obtained anexparte divorce from the court of Addl. District Judge Jalandhar pm
19.9.2014 but as the applicant-accused started pressurizing her for
marriage, she told him that she would marry him only after divorcing
her previous husband but he threatened that he would settle abroad due
to which on 17.6.2014 she performed a marriage with the accused and
started residing with him. She had a son Jasnoor Singh from her
previous marriage. On 24.6.2014 her said son joined her but after
marriage she found that the applicant-accused was having abnormal
sexual tendency. He used to indulge in anal sex without her consent. He
used to send her son out of the house and would compel her to indulge
into all types of abnormal sexual activities. On one hand he pretended
to be an apostle Sikh while on the other hand he was taking drugs to
enhance the erection, due to which she developed a serious infection in
her anal and had to undergo a major surgery and when she refused him
anal sex, she was tortured. On 20.7.2014, her mother and brother
visited Mohali to talk to the accused. At that time she found that
Taranjit Kaur previous wife of Surinderjit Singh has moved numerous
complaints against the accused. She contacted Taranjit Kaur who told
her that Surinderjit Singh was already married to her and had not
obtained any divorce.
5.

On the above said allegations after registration of an

FIR investigations were conducted and after commitment of this case


for trial, vide order dated 30.9.2015 FIR under Sections 376, 494 IPC
has since been framed.
6.

Allegations leveled against the applicant-accused

are very serious. During the subsistence of his previous marriage


applicant-accused solemnized another marriage with the complainant
and by making her believe as if she was his legally wedded wife,
committed sexual intercourse with her. As per allegations of the
complainant, applicant-accused was pervert as he used to commit anal
sex due to which she developed infection and had to undergo surgery.
7.

As the allegations are very serious, prosecution has

rightly feared that if at this stage, applicant-accused is enlarged on bail,

Surinderjit Singh vs State of Punjab

he may interfere in the ongoing trial. Consequently in view of the


seriousness of the allegations I do not find it a fit case to grant regular
bail to the applicant-accused. As such, the bail application is dismissed.
Records be returned and records of bail application be consigned to the
record room.
Pronounced in open court
Dated: 8.1.2016
*Narinder Singh

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

Present:-

Surinderjit Singh vs State of Punjab

Sh.A.S Sukhija Adv counsel for applicantaccused.


Sh.Bhupinder Singh Addl.P.P for the State
Arguments have been heard and vide my separate

detailed order of even date, the bail application is dismissed. Records


be returned and records of bail application be attached with the main
Sessions trial case.
Pronounced in open court
Dated: 8.1.2016

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

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