Punjab-Haryana High Court
Satnam Singh @ Dc And Others vs State Of Punjab on 11 January, 2012
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
Crl.M.No.M-988 of 2012(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl.M.No.M-988 of 2012(O&M)
Date of Decision: January 11, 2012
Satnam Singh @ DC and others
.....Petitioners
v.
State of Punjab
.....Respondent
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.H.S.Batth, Advocate
for the petitioners.
.....
RAM CHAND GUPTA, J.(Oral)
Crl.M.No.2048 of 2012 Application is allowed subject to all just exceptions. Crl.M.No.M-988 of 2012 The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioners in case FIR No.51, dated 17.5.2009, under Sections 363, 366, 376 IPC, registered at Police Station Bhikhiwind, District Tarn Taran.
I have heard learned counsel for the petitioners and have gone through the whole record carefully, including order dated 1.12.2011 passed by learned Additional Sessions Judge, Tarn Taran, vide which present petitioners have been summoned to face trial alongwith co-accused Ramesh Kumar for offences under Sections 363, 366 and 376 IPC.
Brief allegations against petitioners-accused are that they alongwith co-accused Ramesh kidnapped a minor girl of 17 years of age and had taken her to a kothi and committed rape upon her turn by turn.
It has been contended by learned counsel for the petitioners that Crl.M.No.M-988 of 2012(O&M) -2- after investigation, they were found innocent and challan was filed only against accused Ramesh Kumar with whom she was having love affairs. Further contends that they have been falsely named by the prosecutrix. It is also contended that they are ready to appear before learned trial Court and face trial.
However, allegations against petitioners-accused are very serious in nature. It is a case of kidnapping of a minor girl and committing gang rape upon her by four persons. Hence, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioners- accused.
Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioners- Satnam Singh @ DC, Raj Pal and Mangat Ram for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.
11.1.2012 (Ram Chand Gupta) meenu Judge