Sumer Singh vs State of Haryana

The present petition has been filed under Section 438

Cr.P.C seeking bail in case FIR No.340 dated 13.04.2017, registered

under Sections 323, 376, 406, 450 and 506 IPC and Section 3(i) (XII),

3(1)(W) of the Scheduled Castes and the Scheduled Tribe (Prevention

of Atrocities) Act, 1989 at Police Station Civil Lines, District Hisar.

It is contended that the petitioner has been falsely

implicated in the present FIR. In fact, no rape has been committed. It

was a money dispute which has been given the colour of criminal

proceedings so as to exert pressure upon the petitioner.

On the other hand, the learned State counsel opposes

the bail application. He submits that even a statement was made before

the trial Court that the petitioner was not required for custodial

interrogation. However, in view of the FSL report, photocopy of which

is taken on record as Mark-A, the petitioner is now required for

custodial interrogation and subsequently, a complaint has been received

wherein it is alleged the petitioner has been pressuring the complainant

to withdraw the FIR and he has been impressing upon some lady

Sudesh who has been trying to contact the complainant on his behalf.

Her statement in this regard has been recorded by the I.O on

06.09.2017.

Learned counsel for the complainant submits that the

complainant is receiving threatening calls from the petitioner to

withdraw the FIR.

Heard.

Considering the report of FSL and the fact that a

subsequent complaint has been received in which it is alleged that the

petitioner has been pressuring the complainant to withdraw the FIR and

taking into consideration the fact that the custodial interrogation of the

petitioner is required, this Court is not inclined to grant the concession

of anticipatory bail at this stage.

Consequently, the petition is dismissed.

Anything said herein above shall not be construed as

an expression of opinion on the merits of the case.