H.C.Amar Singh vs State of Haryana

A.L. Bahri, J.

Head Constable Amar Singh of Police Station Civil Lines, Rohtak, seeks anticipatory bail in a case registered vide F.I.R. No. 57 dated May 26, 1988 at Police Station Sadar, Rohtak under sections 363/366/342/376/506 read with section 34, Indian Penal Code. Facts as given in the petition briefly are as under :

Smt. Sushila, daughter of Balbir Singh, was married to Karam Vir son of Lachhi about two years ago. Sister of Karam Vir aforesaid, namely Saraswati, was married to Raj Singh about two years ago. However, she found that Raj Singh was ugly and shortstatured. Thus she refused to go to Panipat to stay with him. On May 4, 1988, Saraswati and Sushila came to village Garhi Sisana since Lachhi was keeping bad eye on them. On May 9, 1988, Lachhi accompanied by Karam Vir came to village Garhi Sisana to take back Saraswati and Sushila. They refused to accompany them. There was exchange of hot words. In the meantime, Laxmi wife of Balbir proceeded towards Police Station, Kharkhoda, to lodge report. On the way, she was kidnapped by Lachhi, Karam Vir and Jai Bhagwan, soninlaw of Lachhi. They took her in a tempo scooter belonging to Lila. A case was registered vide F.I.R. No. 92 dated May 19, 1988, at the instance of Balbir Singh regarding the said occurrence. Copy of the first information report was attached with the present petition. On May 10, 1998, Smt. Saraswati lodged a written application while she was accompanied by Balbir. Smt. Saraswati was examined by the police in that case and she made the statement on May 12, 1988. It may be stated that Lachhi was arrested in the case under section 365, Indian Penal Code whereas Jai Bhagwan and Karam Vir absconded. Smt. Laxmi wife of Balbir Singh, approached the present petitioner Head Constable Amar Singh to help her in the dispute and to stop nefarious designs of Lachhi and his companions. On May 12, 1988 on the application of Lachhi under section 100, Criminal Procedure Code, warrants were issued against Smt. Saraswati, Smt Sushila, Smt Laxmi and Balbir Singh by Rohtak Court. In the meantime, Jai Bhagwan and Karam Vir brought on young man and lured Smt. Saraswati to leave village Garhi Sisana so that she could be married with the said young man. Smt. Saraswati was persuaded to make a statement before Shri Varinder Singh, Chief Judicial Magistrate, Rohtak, on the basis of which a case was registered at the police station vide F.I.R. No. 57 dated May 26, 1988. It is in this case that the petitioner apprehends his arrest and has approached this Court. A copy of report No. 57 is Annexure P 4 which is the attached with the petition. The allegation is that she was kept locked by Balbir and others. On May 9, 1988, the Panchayat came and at that time she was locked along with a male person in a room. It was alleged that Head Constable Amar Singh and Balbir committed illicit act upon her on the night of May 21, 1988.

On perusal of the facts, as stated above, I find that no useful purpose would be served by giving custody of Head Constable Amar Singh after arrest to the police. Different versions are being put forth at different stages of the case by Smt. Saraswati. Head Constable Amar Singh is, therefore, directed to be released in case of his arrest by the arresting officer on his furnishing bail to his satisfaction. The petitioner is directed to make himself available to the investigation officer as and when required. He will not tamper with the prosecution evidence and will not leave India without the permission of the Court.

Bail granted