This Court dismissed the petition for anticipatory bail under Section 438 CrPC as infructuous. The Investigating Officer had conducted a thorough investigation, deemed the allegations false, and filed a cancellation report. The offense was also attracted under Section 323 IPC, which is bailable.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No.238 of 2015. Decided on: 6th April, 2015. Janam Singh ...Petitioner. VERSUS State of H.P. …Respondent. Coram The Hon’ble Mr. Justice Sureshwar Thakur, Judge. Whether approved for reporting? For the petitioner: Mr. Vikas Rathore, Advocate For the Respondent: Mr. Vivek Singh Attri, Deputy Advocate General. ______________________________________________________________
Sureshwar Thakur, Judge. (Oral)
The instant petition has been moved under Section 438
of the code of Criminal Procedure for grant of anticipatory bail to the applicant/petitioner in respect of an F.I.R No. 37/2011 of 14.12.2011 lodged at Police Station Pangi, District Chamba, H.P., under Sections 452, 427, 376 and 511,IPC.
placed on record for the perusal of this Court a status report
…2…
divulging therein the fate of the investigation carried out by him into the offences allegedly committed by the bail applicant. A scrutiny of the status report unravels the factum that the Investigating Officer after having carried out a threadbare and thorough investigation has concluded that the allegations leveled by the prosecutrix against the bail applicant qua the latter having committed offences under Sections 452, 427, 376 and 511, IPC are in their entirety, false. A further perusal of the status report divulges that a cancellation report has been filed in the criminal Court of competent jurisdiction qua the alleged commission of offence by the bail applicant under Sections 452, 427, 376 and 511, IPC.
3 In face thereof, the instant bail application is rendered infructuous and it is dismissed, as such, especially when the offence constituted by the penal act of the bail applicant, is one under Section 323, IPC which is a bailable offence.
6th April, 2015. (Sureshwar Thakur) (jai) Judge
Janam Singh
State of H.P.
Sureshwar Thakur
As recorded by the court registry
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