Criminal Misc. No. M-11643 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl.Misc No. M-11643 of 2010 Date of Decision: April 26, 2010 Balraj ...........Petitioner Versus State through CBI, SCB, Chandigarh ..........Respondent Coram: Hon'ble Mrs.Justice Sabina Present: Mr.Jitender Nara, Advocate for the petitioner. Sabina, J. Petitioner-Balraj has filed this petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case R.C No.11(S)/ 2008/SCB/CHG dated 24.7.2008 under Section 376(2)(a)(g)/506/34 IPC registered at Police Station Crime Branch, CBI, Chandigarh. The contents of the FIR, as stated in para 2 of the petition, read as under:- “Sir, it is stated that complaint against constable Balraj for harassing me. It is submitted that I Sarita W/o Subash Resident of Anandpura, Rohtak near Police Lines. I am house wife. On Criminal Misc. No. M-11643 of 2010 2 9.4.2008 my husband has arrested by CIA Rohtak from Singhpura Khurd for the theft of motorcycle. He was produced before the Court on 10.4.2008 and then he was taken to Beri by Beri Police. On 10.4.08 Balraj summoned me at CIA and my husband was also at CIA at that time. Balraj and one other person had done wrong act with me in the room adjacent to the gate. On 11.4.2008 Balraj gave me a telephonic call and asked that when I would reach to him. Then after 3-4 days he again gave a call on mobile No. 9992267678 and said that come to us otherwise I would falsely implicate your husband again in some other case. On 24.4.2008 my husband was granted bail and he about all these thing, Now we want justice and that police should not harass us.” Learned counsel for the petitioner has submitted that the petitioner has been falsely involved in this case. Learned counsel has further submitted that the result of DNA test was negative. There was a delay in lodging of the FIR. The offence alleged to have been committed by the petitioner is serious in nature. Sarita-deceased in her suicide note had stated that she had been raped by petitioner and another. Although she brought the said fact to the notice of the police officer but no action was taken. Feeling humiliated, the deceased committed suicide by consuming some poison. It is yet another case of gang rape but with a difference . In this case, the gang rape is alleged to have been committed by the police officials within the vicinity of the police station. It is an unfortunate case where the police officials, who are supposed to give protection to the citizens, have themselves indulged in such a heinous offence. No ground for interference Criminal Misc. No. M-11643 of 2010 3 is made out. The effect of the DNA report and other evidence collected during investigation would more appropriately be gone into and considered during trial. Dismissed. ( Sabina ) Judge April 26, 2010 arya