Cr.M.P.(M) No. 39 of 2009 13.2.2009 Present: Mr. Bimal Gupta, Advocate for the petitioner. Mr. P.K. Sharma and Mr. Vivek Thakur, Addl. A.Gs. with Mr. J.S. Rana, Asstt. A.G. for the respondent. The petitioner has surrendered before the Court. This is an application under Section 438 of the Code of Criminal Procedure for grant of pre-arrest bail to the petitioner in FIR No. 5 of 2009 dated 18.1.2009 registered at Police Station, Pachhad under Sections 376 and 506 of the Indian Penal Code and Section 3 (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Mr. Bimal Gupta has strenuously argued that his client is an innocent person and has been falsely implicated in the case. He then submitted that his client is the land lord where the complainant was residing. The occurrence of the alleged offence spread over from 2006 to 2008. The learned Additional Advocate General has opposed the bail application. I have gone through the records and the report furnished by the learned Additional Advocate General. The petitioner is 45 years of age. His two sons are of 23 and 22 years of age. He has rented out house to one Shri Amar Bahadur and one set to Madan Singh, the father of Champa Devi. From the records, it appears that the petitioner is being falsely implicated in a heinous crime. F.I.R. was bound to be registered by the complainant in the year 2006 itself and not in the year 2009. The petitioner seems to be a respectable member of the society and there is no possibility of his jumping the bail or terrorizing the witnesses or tampering with the records. Consequently, the petitioner has made out a case for the grant of bail. Accordingly, the application is allowed. The petitioner is ordered to be released on bail in the case FIR No. 5 of 2009 dated 18.1.2009 registered at Police Station, Pachhad under Sections 376 and 506 of the Indian Penal Code and Section 3 (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on his furnishing personal bond in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the Arresting Officer. The observations made in this order are for the disposal of this application and the same shall not be treated as an expression or opinion on the merits of the case. Copy ‘Dasti’ on usual terms. (Rajiv Sharma), Vacation Judge. February 13, 2009. (cr)