Anticipatory bail sought in FIR under Sections 376-D and 506 IPC alleging rape and impregnation of complainant. Interim bail earlier granted subject to joining investigation; petitioner failed to comply. Court, noting non-compliance and seriousness of allegations, dismissed the petition.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
203 CRM-M-7815-2024(O&M) Date of order: 05.12.2024
Kalia
…..Petitioner(s)
Vs.
State of Punjab
…..Respondent(s)
CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA
Present:Ms. Simrat Kaur, Advocate for the petitioner. Ms. Rishu Madan, AAG P u njab. *****
Nidhi Gupta, J.
On last date of hearing i .e. 18.07.2024, following orde r
was passed: -
“Prayer in this petition filed u nder Section 438 Cr.P.C. is fo r grant of anticipatory bail to t h e petitioner in case FIR No.3 2 dated 17.04.2022, under Sectio n 376-D and 506 IPC, registere d at Police Station Lambra, Distri c t Jalandhar Rural. Learned counsel for the petitio n er, inter alia, submits that th e petitioner has previously file d a petition before this Cour t seeking anticipatory bail, how e ver, the same was withdraw n vide order dated 08.12.2022 ( A nnexure P-3) on account of th e f act that the petitioner was de c lared proclaimed offender. It i s submitted that subsequently t he petitioner has surrendere d and therefore the order declar i ng him proclaimed offender n o longer subsists. Learned counsel submits that the petitioner has been falsel y implicated in the matter. In actual fact, the relationshi p between the prosecutrix/complainant and the petitioner wa s
SUNENA 2024.12.10 15:00 I attest to the accuracy and integrity of this document
CRM-M-7815-2024(O&M)
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consensual in nature. It is sub m itted that an enquiry has bee n conducted into the matter w herefrom it is clear that th e relationship was consensual. In this regard, learned counse l refers to the Inquiry Report d a ted 23.9.2022 (Annexure P-6 ) submitted by the Deputy Super i ntendent of Police, Sub Divisio n Kartarpur, District Jalandhar R u ral, wherein, the following fact s and findings have been recorde d as under :- “....It has been found on the in v estigation and verification don e by ASI Baljinder Singh and Insp Aman Singh, SHO Police statio n Lambara that the complainant of this case Rehmani daughte r of Makhan Deen resident of B a ckside Lather Complex, on th e land Basti Bawa Khel Opp. Red Cross Bhawan, at Police statio n Basti Bawa Khel, District Jala n dhar, was in relationship wit h her aunt's (Bhua) son Kalia, an d both the families were awar e about it. Rehmani and her fami l y were pressurizing the accuse d and their families to solemnize the marriage of Rehmani wit h Kalia, but it could not be do n e because Kalia was alread y married. Therefore, both o f these families and othe r respectable persons had conv e rsation through panchayat bu t all was in vain. Thereafter, for p ressurizing the family of Shello, Rehmani got registered above m entioned FIR....." Learned counsel for the petitioner accordingly prays for gran t of interim relief to the petiti o ner and undertakes that th e petitioner will join the investi g ation and co-operate with th e Investigating Agency.
Notice of motion.
On asking of the Court, Mr. K unwarbir Singh, AAG, Punja b accepts notice on behalf of res p ondent-State and opposes th e prayer made on behalf of p e titioner and submits that th e prosecutrix was impregnated b y the petitioner and thereafte r she has given birth to a girl chi l d. However, learned counsel fo r
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CRM-M-7815-2024(O&M)
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the State seeks time to file the reply/status report in th e matter.
Adjourned to 05.12.2024.
In the meantime, the petitioner is directed to appear before th e SHO/Investigating Officer to joi n investigation and in the even t of his arrest, he shall be re l eased on interim bail on hi s f urnishing bail bonds to the s a tisfaction of SHO/Investigatin g Agency subject to the followin g conditions as envisaged unde r Section 438(2) Cr.P.C.:-
SUNENA 2024.12.10 15:00 I attest to the accuracy and integrity of this document
CRM-M-7815-2024(O&M) Page 4 of 4
out that the petitioner had previously also been declared P.O. vide orde r dated 30.09.2022. However, the same w a s set aside by this Court vid e order date d 12.01.2024 (Annexure P5). Learned State counsel o n instructions further submits that allegation s of very serious offence unde r Section 376(D) have been made against the petitioner and other accused i n
the present case. It is submitted that the c o -accused of the petitioner ar e his own bro t hers. The complainant-victim i n her statement recorded unde r Section 164 C r.P.C. on 08.08.2022 has supp o rted the prosecution case. Th e medical exa m ination of the complainant wa s done when she was 16 weeks ’ pregnant; a n d, she has given birth to a gi r l child. It is accordingly praye d that the cus t odial interrogation of the petiti o ner is very much required.
the case file in great detail.
dismissed .
| 05.12.2024 | (Nidhi Gupta) | |
|---|---|---|
| Sunena | Judge | |
| Whethe r speaking/reasoned |
Yes/No | |
| Whethe r reportable |
Yes/No |
SUNENA 2024.12.10 15:00 I attest to the accuracy and integrity of this document
1 issue framed by the court
Should anticipatory bail be granted to the petitioner in a rape case where he failed to join investigation despite an undertaking to do so?
2 provisions across 2 enactments
Kalia
State of Punjab
Nidhi Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
