NEW DELHI: The Supreme Court has cautioned a serving Army man that he would lose both --his job and liberty -- if he did not marry the complainant with whom he came in touch with a match making portal Shaadi.com and established "consensual relationship".
A bench of Justices Sanjay Kishan Kaul, Abhay S Oka and Vikram Nath extended anticipatory bail plea of the petitioner after his counsel submitted that could not get leave in Army duties and further his family members have discussed among themselves and are ready for the marriage.
He also said the petitioner is expected to come on leave in this month itself.
"That being the position, we expect that the marriage would take place before the next date. We have cautioned the counsel for the petitioner of the consequences of not complying with the assurance which persuaded us to grant anticipatory bail," the bench said.
The petitioner faced a rape case on a complaint lodged by the woman on August 7, 2021 with police station Mauli Jagran, Chandigarh.
It was alleged that the complainant and the petitioner met through a social site i.e. shaadi.com. Both started talking with each other and they met for the first time in a hotel Blackhouse in Zirakpur (Punjab).
The petitioner informed the complainant that he had talked to his parents about their marriage and thereafter, he made physical relations with her and promised that they would get married soon.
It was alleged, after she became pregnant, the petitioner sent his friend to give her some medicines and would keep assuring that they would get married.
She informed her parents that she liked the petitioner and wanted to marry him. Afterwards, her parents wanted to talk to the parents of the petitioner. However, since then, the petitioner stopped taking her calls, it was contended before the court.
It was also submitted that warrant of arrest of the petitioner had also been issued by the court but the officials of the Army Cantonment Jalandhar, where the petitioner was posted, did not allow the local police to arrest him.
The petitioner approached the Punjab and Haryana High Court which dismissed his plea for pre-arrest bail.
On his appeal, the top court granted him anticipatory bail in September, 2021 as the petitioner's counsel submitted that he was and is willing for a marriage but it was the complainant who backed out. He also claimed whatever had happened, it was all consensual.
On a notice by the court, the counsel for the complainant also submitted that she was willing to marry the petitioner as proposed by him.
