Punjab-Haryana High Court
Sanjeev vs State Of Haryana on 30 June, 2014
Author: Mehinder Singh Sullar
Bench: Mehinder Singh Sullar
CRM No.M-19902 of 2014 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-19902 of 2014
Date of Decision:30.06.2014
Sanjeev .....Petitioner
Versus
State of Haryana .....Respondent
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR.
Present: Mr.Ram Chander, Advocate,
for the petitioner.
Mr.S.S.Goripuria, D.A.G., Haryana.
****
MEHINDER SINGH SULLAR , J.(oral) Petitioner-Sanjeev son of Sher Singh, has directed the instant petition for the grant of regular bail, in a "Gang rape" case registered against him along with his other co-accused Devinder son of Ishwar etc., vide FIR No.35 dated 04.04.2013, on accusation of having committed the offences punishable under Sections 376D/384/366/342/328/506/120-B IPC and Section 67 of The Information Technology Act, by the police of Police Station Dhand, District Kaithal.
2. Notice of the petition was issued to the State.
3. After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, there is no merit in the instant petition in this context.
4. Ex facie, the arguments of the learned counsel that, since the Rani Seema 2014.07.01 13:49 I attest to the accuracy and integrity of this document High Court Chandigarh CRM No.M-19902 of 2014 2 petitioner has been falsely implicated and there is a delay in registering the case by the police, so, the petitioner is entitled to the concession of regular bail, are not only devoid of merit but misplaced as well.
5. As is evident from the record, very direct and serious allegations are assigned that on 01.12.2011 the petitioner and his other co-accused Devinder, came and forced the prosecutrix to sit in their Alto car. Petitioner-Sanjeev slapped the prosecutrix, took out a knife from his trouser(Pant) and placed the same on her neck. It was a foggy day. They took the car to Salempur Madog Railway Crossing in the ditches and forcibly raped the prosecutrix. Not only that, they forced her to drink some intoxicant liquid and was brought in a tubewell kotha in village Barsalu, where she was again repeatedly gang raped by the petitioner and his other co-accused. They have also snapped her objectionable photographs, started intimidating her and repeatedly committed rape in this regard. The mere fact of some delay to register the case by the police pales into insignificance in such heinous crime of Gang-rape.
6. Meaning thereby, very serious allegations of kidnapping of the minor prosecutrix, who was a student, and repeated rape are attributed to the petitioner-accused. It cannot possibly be denied that the tendency and frequency of committing such gang rape by the accused, are increasing day-by-day, adversely affecting the social fabric of the society. It needs to be curbed with heavy hands. Therefore, to me, the petitioner is not entitled to the concession of regular bail in the obtaining circumstances of the case.
7. In the light of aforesaid reasons, taking into consideration Rani Seema 2014.07.01 13:49 I attest to the accuracy and integrity of this document High Court Chandigarh CRM No.M-19902 of 2014 3 serious allegations of heinous offences and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the main case, as there is no merit, therefore, the instant petition for regular bail filed by the petitioner is hereby dismissed as such.
Needless to mention that nothing observed, here-in-above, would reflect, in any manner, on merits of the main case, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail.
June 30, 2014 (MEHINDER SINGH SULLAR)
seema JUDGE
Rani Seema
2014.07.01 13:49
I attest to the accuracy and
integrity of this document
High Court Chandigarh