Criminal Misc.-M No. 26412 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 26412 of 2011 (O&M) Date of decision: 7.9.2011 Vinay Minhas alias Vini .. Petitioner Vs. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. R. K. Dadwal, Advocate for the petitioner. Mr. K. S. Pannu, Deputy Advocate General, Punjab. ... Rajesh Bindal J. Prayer in the present petition is for grant of pre-arrest bail to the petitioner, who is an accused in FIR No. 40 dated 20.4.2011, registered under Sections 306, 376, 506 IPC, Police Station, Mukerian, District Hoshiarpur. The allegations are that the petitioner committed rape with deceased-Nisha and thereafter she committed suicide. Learned counsel for the petitioner submitted that the deceased was having love affairs with the petitioner. There is ample evidence to prove the same as number of letters written by Nisha to the petitioner were produced before the Investigating Officer. He further submitted that Nisha had been regularly talking to the petitioner on phone. The allegations regarding rape are totally false as in the chemical examiner's report, spermatozoa was not found. Even in the post-mortem report, no injury was found on her private parts. She had died of consuming poison at her home. She was 19 years of age. He further submitted that on a complaint made by father of the petitioner, detailed enquiry was conducted by Superintendent of Police, Sub Division, Mukerian and it was found that in fact, on previous night, Nisha had been beaten up by her parents and thereafter she committed suicide. On the other hand, learned counsel for the State submitted that Criminal Misc.-M No. 26412 of 2011 [2] the petitioner having abetted the deceased to commit suicide and there being allegations of rape as well, he does not deserve concession of pre- arrest bail. After hearing learned counsel for the parties and considering the material on record, namely, the letters written by the deceased to the petitioner; the finding by Superintendent of Police, Sub Division, Mukerian regarding telephone calls and SMS exchanged between them and the allegation regarding rape having not been found to be proved, in my opinion, the petitioner is not required to be taken into custody for interrogation. He is directed to appear before Investigating Officer on 15.9.2011 at 10.00 AM for joining investigation. In case of arrest, the petitioner shall be released on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer. He shall appear before the Investigating Officer as and when called upon for further investigation. He shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. The petition stands disposed of. (Rajesh Bindal) Judge 7.9.2011 mk