CRM No.M-30095 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:-2.11.2010 Deepak Kumar son of Rothash ...Petitioner Versus Union Territory of Chandigarh ...Respondent CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present:- Mr.Sudhir Kumar Hooda, Advocate for the petitioner. Mr.Hemant Bassi, Standing counsel for UT Chandigarh. M ehinder S ingh S ullar , J . (Oral) Invoking the provisions of section 438 Cr.PC., petitioner Deepak Kumar son of Rohtash, has instituted the instant application for anticipatory bail in a case registered against him, vide FIR No.350 dated 22.5.2009, on accusation of having committed the offences punishable under sections 376 and 420 IPC by the police of Police Station Sector 39, Chandigarh. 2. Notice of the petition was issued to the State. 3. Having heard the learned counsel for the parties, having gone through the record with their valuable help and after bestowal of thoughts over the entire matter, to my mind, the present petition deserves to be accepted in this respect. 4. As is evident from the record that the story of the prosecution appears to be some what unnatural and improbable. Nothing is to be recovered from the petitioner. Moreover, the learned State counsel, on instructions from SI Ashok Kumar, has stated that the petitioner has already joined the investigation and he is no longer required for further interrogation at this stage. There is no history of previous involvement of the petitioner in any such case. CRM No.M-30095 of 2010 2 5. So, taking into consideration the totality of the facts and circumstances, emanating from the record, as described here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the case, the present petitioner is entitled to anticipatory bail in the obtaining circumstances of the present case. 6. Consequently, it is directed that in the event of his arrest, the petitioner shall be released on anticipatory bail on his furnishing bail and surety bonds in the sum of Rs.10,000/- to the satisfaction of Arresting Officer, subject to the conditions that (i) he shall make himself available for interrogation by the Investigating Agency as and when required; (ii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and (iii) he will not leave India without prior permission of the trial Court. 7. Needless to mention that in case, the petitioner does not cooperate or join the investigation, the prosecution would be at liberty to move an application for cancellation of his bail, in this relevant connection 2.11.2010 (Mehinder Singh Sullar) AS Judge