In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-31137 of 2011(O&M) Date of Decision: October 14, 2011 Vinay Masih @ Vini ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MR. JUSTICE GURDEV SINGH *** Present: Mr. K.S.Kahlon, Advocate, for the petitioner *** Gurdev Singh, J. Heard. This petition under Section 438 of the Code of Criminal Procedure has been filed by Vinay Masih @ Vini, petitioner-accused, for the grant of anticipatory bail in FIR No. 63 dated 28.8.2011 registered under Sections 457, 380, 448 IPC in Police Station Fatehgarh Churian, District Gurdaspur. He has contended therein that he has been falsely implicated in this case at the instance of his own father named, Victor Masih. In fact, he had married a girl outside his religion, which was not digested by the complainant and he committed rape on that girl, for which he moved complaint against him and his brother-in-law, but no case was registered. During the medical examination of that girl, injuries were found on her person and even then no action was taken by the police. The house in question belongs to his grand father Niamat Masih and he has legal right to stay in that house. It has been narrated in the FIR, which has been got lodged by Crl. Misc. No. M-31137 of 2011(O&M) -2- the father of the petitioner, that the petitioner had kept one lady; namely Jagjit Kaur with him as a keep and on that account he had dis-inherited both of them from his properties. Some days before the lodging of the FIR, he and his family members were involved by the petitioner in a false case and after enquiry, the same was found to be false. On 28.8.2011, in his absence, the petitioner and his wife Jagjit Kaur, criminally tress passed into his house after breaking open the locks and committed theft of the articles, mentioned therein. Learned counsel for the petitioner has drawn the attention of the Court towards the application which he made to the Senior Superintendent of Police, Deputy Commissioner and Director General of Police, in which it is alleged that the accusation of rape was made against the complainant. A perusal thereof shows that there is no such allegation of rape against the complainant. Moreover, the said incident is said to have taken place on 19.4.2011 and thereafter, no judicial proceedings have been initiated by the petitioner and his so called wife against the complainant. There is nothing on the record to conclude that false FIR has been got registered against the petitioner. Keeping in view the allegations made against him, his custodial interrogation is necessary and the very purpose of effective custodial interrogation will be defeated once he is armed with anticipatory bail. There is no merit in this petition and the same is hereby dismissed. (GURDEV SINGH) JUDGE October 14, 2011 PARAMJIT