This order dismisses an anticipatory bail application. The Single Judge held that serious allegations of rape and threats necessitated custodial interrogation and that DNA mismatch with the petitioner did not exempt him from the strict provisions of Section 438 Cr.P.C.
The appeal is dismissed. The application for anticipatory bail stands rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Criminal Misc. No. M-45732 of 2018 (O&M)
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-45732 of 2018 (O&M) Date of decision : February 26, 2019
Balbir Singh
....Petitioner
versus State of Haryana
....Respondent
Coram: Hon'ble Mr. Justice Fateh Deep Singh
Present : Mr. Dishant D. Tuteja, Advocate, for the petitioner Mr. Ripu Daman Singh, AAG, Haryana for the State
Fateh Deep Singh, J. (Oral)
CRM-6305-2019
The application is allowed. Documents are taken on record subject to just exceptions.
CRM-M-45732-2018
This anticipatory bail application by accused-petitioner Balbir Singh filed in case FIR No. 18 dated 4.6.2018, under Sections 376-D, 506 IPC, Police Station Women, Kaithal was got registered on the statement of a widowed lady aged around 33 years. In her complaint to the police, the prosecutrix alleged that her husband and father-in-law as well as mother-inlaw have died and she resides in the village along with her minor children.
DALBIR SINGH TIWANA 2019.03.05 12:33 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
Criminal Misc. No. M-45732 of 2018 (O&M) -2-
It is alleged that accused Pala Singh and Vijay and present petitioner Balbir around 7/8 months prior to the lodging of the complaint used to forcibly enter her house and raped her against her wishes and also gave her threats to kill her family and threatened with it she did not report the matter and ultimately when she became pregnant with seven months of pregnancy the present case was got registered.
Mr. Dishant D. Tuteja, counsel for the petitioner submits that the very report of the DNA profiling bears out that the child matches the profile of complainant and Vijay and does not match with Mahenderpal and there is no accusation qua Balbir Singh to that effect and therefore, argued that the present case is lodged with a view to blackmail the petitioner by the complainant to fleece him of his money and nothing is to be recovered in this case.
Learned State counsel has opposed the grant of bail on the grounds of seriousness of the allegations. The accused-petitioner along with his co-accused having defiled a widowed poor lady from deprived class and having threatened her is not entitled to any concession of bail and if allowed bail he would influence the witnesses.
Going through the submissions there are specific allegations levelled by the prosecutrix against the present petitioner and two of his coaccused. The fact that DNA profiling of the child born out of this does not matches with the petitioner is no extenuating ground. The custodial interrogation of the petitioner in such a heinous offence is necessitated as
DALBIR SINGH TIWANA 2019.03.05 12:33 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
Criminal Misc. No. M-45732 of 2018 (O&M)
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provisions of Section 438 Cr.P.C. are to be sparingly used. No ground for grant of bail is made out. The present petition, thus, stands dismissed.
( Fateh Deep Singh ) February 26, 2019 Judge 'tiwana' Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No
DALBIR SINGH TIWANA 2019.03.05 12:33 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
1 issue framed by the court
Whether anticipatory bail should be granted to the accused-petitioner in a rape case involving serious allegations.
3 provisions across 2 enactments
Balbir Singh
State of Haryana
Fateh Deep Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
