Dimple vs State of Haryana

Rajesh Bindal, J.—Prayer in the present petition is for grant of pre-arrest bail to the petitioner, who is accused in FIR No. 110 dated 23.7.2005 registered under Sections 392, 411 IPC at Police Station Sadar Ambala, District Ambala.

Learned counsel for the petitioner submitted that on the date in question the application for exemption from personal appearance was filed on account of the fact that the petitioner was suffering from diarrhea and fever. Affidavit of father of the petitioner was also filed who undertook that the petitioner will appear in court on each and every date of hearing subsequently and further that the evidence may be recorded in his absence.

Heard learned counsel for the petitioner and perused the paper-book.

Though in the application filed for personal exemption on 22.2.2011, the facts stated by learned counsel for the petitioner have been mentioned, however, a perusal of the order passed by the learned court below shows that the petitioner had been absenting from the court on earlier occasions as well or seeking exemption from personal appearance. Considering the said facts, learned court below had cancelled his bail bonds and issued non-bailable warrants. This is the reason for non-grant of pre-arrest bail as well to the petitioner.

Considering the facts and circumstances of the case, I do not find this to be a fit case for grant of pre-arrest bail to the petitioner, who is regularly avoiding appearance in the court.

Accordingly, the present petition is dismissed.