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Fateh Mohammad and Others vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 21 April 2011 · Citation: (2011) 04 P&H CK 0155

HON’BLE JUDGES
Rajan Gupta, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438 · Penal Code, 1860 (IPC) — Section 323, 342, 355, 365, 506
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous No. M-4897 of 2011 (O and M)
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Judgment

6 paragraphs · 221 words

Rajan Gupta, J.—This is a petition u/s 438 Code of Criminal Procedure seeking pre-arrest bail in a case registered against the Petitioners under Sections 323, 342, 506, 355, 365 IPC at Police Station Punhana, District Mewat, vide FIR No. 33 dated 3rd February, 2011.

2.

Learned Counsel for the Petitioners submits that Petitioners have been falsely implicated in the case as a counter blast of FIR No. 34 dated 4th February, 2011, registered at the behest of Petitioner No. 1 against the complainant.

3.

Learned State counsel has opposed the prayer. He submits that there are serious allegations against the Petitioners as stated in the FIR. According to him, custodial interrogation of the Petitioners is required for the purpose of taking the investigation to its logical end.

4.

I have heard learned Counsel for the parties and given careful thought to the facts of the case.

5.

It is evident that there is allegation that the accused had abducted the complainant and wrongly confined him and caused injuries in the anal region. Under the circumstances, no case for grant of pre-arrest bail is made out. The petition is hereby dismissed.

6.

In case, however, the Petitioners surrender before the investigating agency/trial court within ten days from today and apply for regular bail, their plea shall be decided within one week thereafter.