Judgment:
Crl. Misc. No.M-20811 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-20811 of 2014 Date of Decision:- 30.06.2014 Amit ......Petitioner Versus State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR Present: Mr. Ramesh Goyat, Advocate, for the petitioner. **** MEHINDER SINGH SULLAR , J.(oral) As is evident from the record that, the first petition for anticipatory bail bearing CRM No.M-14400 of 2014, filed by petitioner Amit (main accused), was dismissed as withdrawn, vide order dated 29.04.2014, by this Court.
2. Now the petitioner-Amit son of Rajender, has preferred the instant second petition for the grant of anticipatory bail, in a case registered against him along with his other co-accused, vide FIR No.186 dated 08.07.2011, on accusation of having committed the offences punishable under Sections 363, 366 and 376 IPC, by the police of Police Station Hathin, District Palwal. Kumar Naresh 2014.07.03 15:28 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No.M-20811 of 2014 -2- 3. After hearing the learned counsel for the petitioner, going through the record with his valuable assistance and after deep consideration of the entire matter, to my mind, there is no merit in the present petition in this context.
4. Ex facie, the arguments of the learned counsel that, since the petitioner was falsely implicated and was found innocent by the police, so, he is entitled to the concession of pre-arrest bail, is not only devoid of merit but misplaced as well.
5. As is evident from the record that, the petitioner Amit son of Rajender is the main accused of the commission of heinous offences of kidnapping and rape. His name is mentioned in the FIR (Annexure P-1) that, on 29.06.2011 the minor prosecutrix was taken away by him on his motorcycle. Not only that, the minor prosecutrix, aged about 15 years, has made her statement before the Magistrate under Section 164 Cr.P.C. (Annexure P-3), wherein, she has, inter alia, specifically stated that the petitioner Amit has kidnapped and took her on motorcycle. She was administered some substance and she became unconscious. She found herself in a locked room when she regained consciousness. It has been specifically mentioned therein that the petitioner Amit came there and forcibly committed sexual rape on her. He has also threatened her with dire consequence of elimination. The accused made her naked and did not provide her clothes for three days. Whereas, petitioner Amit and his other co-accused repeatedly committed rape on her. Meaning thereby, very serious and direct allegations of kidnapping and repeated rape are Kumar Naresh 2014.07.03 15:28 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No.M-20811 of 2014 -3- assigned to the petitioner. In that eventuality, to my mind, he is not entitled to the concession of pre-arrest bail.
6. No other point, worth consideration, has either been urged or pressed by the learned counsel for the petitioner.
7. In the light of aforesaid reasons and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial of the main case, as there is no merit, therefore, the instant second petition for anticipatory bail filed by the petitioner is hereby dismissed as such, in the obtaining circumstances of the case. Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits of the case, as the same has been so recorded for a limited purpose of deciding the present petition for anticipatory bail. June 30, 2014 (MEHINDER SINGH SULLAR) naresh.k. JUDGE Kumar Naresh 2014.07.03 15:28 I attest to the accuracy and integrity of this document Chandigarh