Punjab-Haryana High Court
Ajit Singh vs State Of Haryana on 10 October, 2012
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
CRM No.M-23497 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M- 23497 of 2012 (O&M)
Date of Decision: October 10, 2012.
Ajit Singh.
...... PETITIONER(s)
Versus
State of Haryana.
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Ajay Vijrania,
Advocate, for the petitioner.
Mr. Sandeep S.Mann, Sr.DAG, Haryana.
*****
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed for regular bail under Section 439 of Code of Criminal Procedure in FIR no.32 dated 15.02.2011, under Sections 363/366/376G/34/120B IPC and Section 3 of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at police station City Dadri, District Bhiwani.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Bhiwani dismissing bail application filed by the petitioner.
CRM No.M-23497 of 2012 2
Brief allegations against petitioner-accused are that, prosecutrix who was minor at that time, was kidnapped in vehicle bearing registration no. HR-61-6530 being driven by present petitioner-accused and thereafter, rape was committed upon her. It has come in the statement of owner of the vehicle, namely, Suresh that the present petitioner was driver on the said vehicle on the day of occurrence i.e. 11.02.2011.
It has been contended by learned counsel for petitioner-accused that he was not named in the FIR and that he was found innocent by the police and however, he was summoned to face trial by learned trial court by allowing application under Section 319 Cr.P.C. filed by the prosecution and that he has been continuing in custody since 21.05.2012.
Bail application has been vehemently opposed by learned counsel for respondent-State on the plea that heinous crime was committed by petitioner-accused as minor girl was kidnapped by him and thereafter, rape was committed upon her and she committed suicide on 20.03.2012.
Hence, keeping in view these facts and without expressing anything on the merit of the case, I am of the view that it is not such a case in which concession of bail should be granted to the accused at this stage. There is no merit in the instant application for bail filed by Ajit Singh. The same is, hereby, dismissed.
( RAM CHAND GUPTA ) October 10, 2012. JUDGE 'om'