Criminal Misc. No. M-4925 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-4925 of 2011 (O&M) Date of Decision: 07.04.2011. Naveen ..Petitioner Versus State of Haryana ..Respondent CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Jastej Singh, Advocate, for the petitioner. Mr. M.M. Sikka, Haryana, for the respondent – State. NAWAB SINGH.J (ORAL) This is an application for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure by Naveen-petitioner, a student of B.Com. Final Year in case bearing First Information Report No.625 dated December 21st, 2010, under Sections 354 and 506 read with Section 34 of Indian Penal Code, Police Station City, Yamuna Nagar. 2. On February 16th, 2011, Kanwaljit Singh Ahluwalia, J. passed the following order:- “ Learned counsel for the petitioner contends that only non-bailable offence against the petitioner falls under Section 506 IPC. He further submits that even if the allegation of eve teasing is accepted at its face value, offence under Section 354 IPC is bailable. Learned counsel further submits that there is a previous litigation between brothers of the prosecutrix and co-accused of the petitioner, namely, Anuj. Issue notice of motion for 18.3.2011. Criminal Misc. No. M-4925 of 2011 (O&M) 2 Meanwhile, in the event of arrest, the petitioner shall be admitted to interim bail on his furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall, however, join the investigation as and when called for and he shall also abide by the conditions as specified under Section 438(2) Cr.P.C.” 3. On March 18th, 2011, Ajay Tewari, J. passed the following order:- “ Learned counsel for the petitioner states that the petitioner has joined the investigation and no recovery is to be made from him. Learned DAG, on the other hand, argues that serious allegations of molestation have been raised and that this kind of behaviour is rife in this part of the country and by grant of anticipatory bail these kinds of elements get strengthened. Keeping both sets of arguments in mind, I asked learned counsel for the petitioner if the petitioner was willing to publicly apologize to the complainant without prejudice to his claim of innocence, learned counsel states that the petitioner would have no objection in apologizing to the complainant in the presence of the students and the staff of the College. Let the complainant go to the College on 30.03.2011 at 10.00 a.m. where the petitioner will apologize to her in the presence of the students and the staff of the College. This, of course, would be without prejudice to his claim of innocence. Let a copy of this order be given dasti to learned DAG under the signatures of the Court Secretary to be transmitted to the Principal of the Criminal Misc. No. M-4925 of 2011 (O&M) 3 Khalsa College, Yamuna Nagar through the investigating officer of this case. Adjourned to 07.04.2011. interim order to continue.” 4. Learned State counsel has stated that the petitioner has already joined the investigation and is not required for custodial interrogation. It has also been stated that the petitioner has also complied with the order dated March 18th, 2011. 5. In view of above, order dated February 16th, 2011 is made absolute. (NAWAB SINGH) JUDGE 07.04.2011 neetu