In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-32797 of 2010 ..... Date of decision:10.11.2010 Ram Singh .....Petitioner v. State of Punjab .....Respondent .... Present: Mr. Jai Bhagwan Sharma, Advocate for the petitioner. ..... S.S. Saron, J. Heard learned counsel for the petitioner. The petitioner seeks pre-arrest bail in a case registered against him on 20.8.2010 for the offences under Sections 295-A, 506 and 34 Indian Penal Code; besides, Section 66-A of Information & Technology Act, 2000 at Police Station Jalalabad Sadar, District Ferozepur. The FIR in the case has been registered on the complainant of Mangal Singh, who has alleged that he is working as Water Works Operator since 20/22 years in Village Dhandi Khurd, therefore, he knew all residents of the village. On 19.8.2010 at about 2.00 p.m., he was on duty and playing cards in the courtyard of water works. In the meanwhile, one young man Bhajan Singh was listening very carefully to a recorded voice in his mobile phone. The recorded voice related to the Sikh religion, therefore, the complainant asked Bhajan Singh to recite the same but he refused. On pursuing Bhajan Singh he played the recording from his mobile phone on Cr. Misc. No.M-32797 of 2010 [2] the hand free mode in a loud voice. The recording related to the Sikh prayer (`Ardas') which was very indecent and had been recorded by distorting the words. The heart of complainant on hearing the same felt hurt. He asked the name of the person who had recorded the said wording. Bhajan Singh informed that Bagicha Singh had down loaded the voice and the voice had been downloaded by other boys of the village also. The complainant then played the recording on the mobile phone of Bhajan Singh and through his own mobile phone connected the same to the mobile of Bhai Jaswinder Singh, who is a preacher of the Shiromani Gurdwara Prabandhak Committee in the area and made him hear it. The complainant then put that mobile phone in his pocket. In the meantime, Ram Singh (petitioner) got his father Kartar Singh `Granthi' there and asked the complainant about the mobile phone. The complainant, however, made them hear a wrong recording. Then Kartar Singh despite being a `Granthi' snatched the mobile phone from the complainant and handed it to his son Ram Singh (petitioner). They also abused the complainant and threatened to kill him and went away. The complainant requested that strict action be taken against the persons who insulted the Sikh religion and hurt the religious sentiments. Learned counsel for the petitioner has submitted that the FIR has been registered on absolutely false allegations and no case is made out against the petitioner. It is submitted that the petitioner has been involved by the complainant so as to take revenge from him. In fact the father of the petitioner, namely, Kartar Singh had submitted a complaint (Annexure-P.3) against the complainant Mangal Singh on 28.2.2008. In the said complaint Cr. Misc. No.M-32797 of 2010 [3] the father of the petitioner, namely, Kartar Singh had complained against Mangal Singh the present complainant regarding not supplying water from the water works for the wedding in the family and also that Mangal Singh was selling 20 litres diesel oil to one Nihang Uttar Singh from the diesel oil which was supplied by the Government to run the water works. It is on account of the said complaint (Annexure-P.3) that the complainant is now taking a revenge. In any case, it is submitted that the FIR contains mere allegations and the petitioner has joined the investigation. I have given my thoughtful consideration to the contentions of the learned counsel for the petitioner. It may be noticed that the allegations in the FIR are that the petitioner was having a mobile phone which contained the blasphemous recording and the father of the petitioner snatched the mobile phone and handed it over to Ram Singh (petitioner). The learned Additional Sessions Judge, Ferozepur in her order dated 27.10.2010 (Annexure-P.1) while declining pre-arrest bail to the petitioner has observed that the petitioner though had joined the investigation but he had not got the mobile phone set and the chip recovered. The Investigating Officer had stated that the petitioner appeared before him as per directions of the Court of learned Additional Sessions Judge, Ferozepur and joined the investigation. However, he further stated that the petitioner had not cooperated in the investigation, inasmuch as, he did not produce or offer to produce before the Police the mobile set and chip and the same was still to be recovered by the Police. Therefore, it was observed that the custodial interrogation of the accused was essential for proper investigation of the case. Cr. Misc. No.M-32797 of 2010 [4] The Police is to investigate the case which is registered and the mobile phone and chip which the complainant has alleged was taken from him by the father of the petitioner and handed over to the petitioner is to be recovered. The fact that the father of the petitioner had filed a complaint (Annexure-P.3), it may be noticed that the same was filed on 28.2.2010 i.e. almost 2½ years earlier to the present incident. Besides, the complaint (Annexure-P.3) is not shown to have been diarized or as to what action has been taken on the same. According to the learned counsel for the petitioner, the filing of the complaint (Annexure-P.3) by Kartar Singh father of the petitioner is not denied by the complainant Mangal Singh. It may, however, be noticed that after the FIR had been lodged by the complainant Mangal Singh there has been no occasion for him to admit or deny the complaint (Annexure-P.3) filed against him. The filing of the complaint (Annexure- P.3) allegedly by the father of the petitioner has been set up as a defence by him as the reason for lodging of the FIR against him. Therefore, not much reliance at this stage can be placed on the complaint (Annexure-P.3). In the facts and circumstances, no ground for pre-arrest bail is made out. The criminal miscellaneous petition is accordingly dismissed. November 10, 2010. (S.S. Saron) Judge *hsp*