Rekha Rani vs State of Punjab

Mehinder Singh Sullar, J.—Petitioner-Rekha Rani wife of Ramesh Kumar, has preferred the instant petition for the grant of anticipatory bail, in a case registered against her along with her other co-accused, vide FIR No. 29 dated 29.03.2014, on accusation of having committed the offences punishable under Sections 452 and 324 read with Section 34 IPC, by the police of Police Station Cantt. Bathinda.

Notice of the petition was issued to the State.

After hearing the learned counsel for the parties, going through the record with their valuable assistance and after considering the entire matter deeply, to my mind, the present petition for anticipatory bail deserves to be accepted in this context.

During the course of preliminary hearing, the following order was passed by this Court on July 02, 2014:-

Learned counsel, inter alia, contended that the petitioner has been falsely implicated in the present case, by the complainant, in order to deter her from appearing in a criminal case of rape registered against Ladi son of Harpreet Singh and Kamaldeep Kaur wife of Kaku, vide FIR No. 136 dated 27.12.2013, by the police of Police Station Cantt. District Bathinda, who are known to the complainant and in order to wreak vengeance. Moreover, simple injuries on non-vital part of the injured are attributed to the petitioner.

Heard.

Notice of motion be issued to the respondent, returnable for 15.07.2014.

Meanwhile, the petitioner is directed to join the investigation before the next date of hearing. In the event of her arrest, the Arresting Officer would admit her to bail on her furnishing adequate bail and surety bonds in the sum of Rs. 25,000/- to his satisfaction.

At the very outset, on instructions from ASI Basant Singh, learned State Counsel has acknowledged the relevant factual matrix and submitted that the petitioner has already joined the investigation. She is no longer required for further interrogation, at this stage. There is no history of her previous involvement in any other criminal case. All the offences alleged against the accused are triable by the Court of Magistrate. Even, since the prosecution has not yet submitted the final police report (challan) against the accused, so, the final conclusion of trial will naturally take a long time.

In the light of aforesaid reasons and taking into consideration the totality of facts and circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioner, by virtue of indicated order of this Court, is hereby made absolute, subject to the compliance of the conditions, as contemplated u/s 438(2) Cr.P.C.

Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits of the case, as the same has been so recorded for a limited purpose of deciding the present petition for anticipatory bail. At the same time, in case, the petitioner does not cooperate or join the investigation, then the prosecution would be at liberty to move a petition for cancellation of her bail, in this Court.