Allowed

Dheeraj Kumar v. State of Punjab

Punjab & Haryana HC11 Jan 2013CRM-M/18495/2012

Case brief

AI extract

What is this about?

Petitioner sought pre-arrest bail in a rape and kidnapping case. The Court noted the prosecutrix had denied identifying the two named accused (later acquitted) and could not positively identify the petitioner, who was not named in the FIR. Finding custodial interrogation unnecessary, the Court granted bail and recalled an interim protection order.

What did the court decide?

Pre-arrest bail granted to the petitioner; interim protection order dated 12.12.2012 recalled; interim anticipatory bail order dated 26.06.2012 made absolute.

Dheeraj Kumar Vs State of Punjab — Bail and Remand | Punjab & Haryana HC (2013)

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Crl. Misc. No. M- 18495 of 2012

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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Crl. Misc. No. M- 18495 of 2012 Date of decision. 11.01.2013

Dheeraj Kumar

....... Petitioner

Versus

The State of Haryana

........ Respondent

CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK

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Present:Mr. Sanjiv Gupta,Advocate for the petitioner.

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Ms. Anmol Grewal,AAG, Punjab for the State.

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VIJENDER SINGH MALIK, J.

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Dheeraj Kumar, the petitioner has sought pre-arrest bail in a case registered by way of FIR No. 111 dated 05.04.2011 at Police Station Kotwali, District Patiala, for an offence punishable under sections 376, 366, 384 and 506 read with section 34 IPC.

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Learned counsel for the petitioner has contended that the petitioner is claimed to be referred by name Gola in the FIR. According to him, in the FIR the prosecutrix claimed herself to have been raped by Bablesh alias Deepu and Rajesh and she has claimed

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Crl. Misc. No. M- 18495 of 2012

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that they then called a youngman named Gola, who also raped her. According to him, Bablesh and Rajesh stood trial and have been acquitted of the charge. According to him, the prosecutrix was examined as PW-1 and she claimed that she was sexually assaulted by three persons. According to him, she did not identify any person at the trial. According to him, the petitioner has already joined the investigation and he was not found by the police to have been involved in the occurrence.

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Learned State counsel, on the other hand, has opposed the petition. According to her, the petitioner cannot be granted anticipatory bail because the prosecutrix had denied the persons facing trial to be the culprits. She has submitted that she has no where said that the petitioner was not among them. She has, however, admitted that the petitioner has joined the investigation.

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The prosecutrix was examined as PW-1 during the trial against Bablesh and Rajesh. She had denied her ability to identify the persons, who assaulted her. This part of her statement relates to all the three. When she did not support the prosecution case against Bablesh and Rajesh, who were specifically named by her, the value of her statement against the third person, who was not even named in the FIR would be a debatable point before the trial court. The petitioner has joined the investigation. In these circumstances, custodial interrogation

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Crl. Misc. No. M- 18495 of 2012 ----3--

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of the petitioner is not required. Keeping in view the statement of the prosecutrix recorded during the trial against Bablesh and Rajesh, I find the petitioner to be entitled to pre-arrest bail. Hence, the petition is allowed. The order dated 12.12.2012, vide which interim protection granted to the petitioner was withdrawn, is ordered to be recalled. Accordingly, the order dated 26.06.2012 granting interim anticipatory bail to the petitioner is made absolute.

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January 11,2013 dinesh

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(Vijender Singh Malik) Judge

Dheeraj Kumar v. State of Punjab

Case brief

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Dheeraj Kumar v. State of Punjab

Case brief

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