Crl.M.No.M-26148 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-26148 of 2010 (O&M) Date of Decision:September 13, 2010 Ajay @ Vicky .....Petitioner v. State of Haryana .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Gautam Kaile, Advocate for the petitioner. ..... RAM CHAND GUPTA, J.(Oral) Crl.M.No.46690 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-26148 of 2010 The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.538, dated 28.10.2009, under Sections 376(G), 506, 120-B IPC, registered at Police Station Bhiwani City. I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the order passed by learned Sessions Judge, Bhiwani, dismissing the application of anticipatory bail filed on behalf of the present petitioner. Brief allegations against the petitioner-accused are that prosecutrix used to reside as a tenant in the house Laxmi Devi, co-accused. She wanted to involve her in immoral activities. She tried to vacate the house but she was not allowed to do so by her. She requested for help from Kalu Ram, who was known to Laxmi Devi, so that she may take her house- hold goods from the possession of Laxmi Devi. Kalu Ram sent two persons, i.e., co-accused Poni and Ashok. They had taken her to the house, where four boys were already present. They were taking liquor and they told her that they would talk to Laxmi Devi so that she would release her Crl.M.No.M-26148 of 2010 (O&M) -2- house-hold goods. Thereafter Kalu Ram alongwith one other person went to the house of Laxmi Devi, from where they returned after an hour. Kalu gave her slaps and forcibly made her to drink. She was inside the room, whereas all of them were taking liquor outside the room. She closed the door of the room, however, all the them had broken the door and went inside. Co-accused Poni and Satender remained inside, whereas all other came out of the room and closed the room from outside. Co-accused Poni and Satender committed rape upon her. The complainant did not mention the names of other boys in the FIR as they were not known to her. Name of petitioner-accused was disclosed by the co-accused. There are serious allegations against the petitioner-accused. Proceedings under Section 82 Cr.P.C. for declaring him proclaimed offender have already been initiated. Hence, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner- accused. Rather his custodial interrogation is necessary. Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioner- Ajay @ Vicky for grant of anticipatory bail is, hereby, dismissed being devoid of any merit. 13.9.2010 (Ram Chand Gupta) meenu Judge