IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. 2967 of 2010 and Crl. Misc. No. M-31682 of 2009 Date of decision : 5.2.2010 Balraj Singh and another …. Petitioners Versus State of Punjab …. Respondent Present: Mr. Gourave Bhayyia, Advocate for the petitioners. Mr. Shilesh Gupta, DAG, Punjab. **** S.S. SARON, J. CRM No. 2967 of 2010 Heard counsel for the petitioners. The Crl. Misc. application has been filed for restoration of the main Crl. Misc. petition which was dismissed in default on 23.12.2009. For the reasons stated in the application which is supported by an affidavit, the Crl. Misc. application is allowed and the order dismissing the Crl. Misc. petition No. M-31682 of 2009 in default is recalled. The said petition stands restored to its original number. Crl. Misc. No. M-31682 of 2009 Crl. Misc. No. 2967 of 2010 and [2] Crl. Misc. No. M-31682 of 2009 The petitioners seek pre-arrest bail in a case registered against them for the offences under Sections 382, 384, 328, 365, 342/ 120-B Indian Penal Code. Head counsel for the parties. The FIR in the case has been registered on the statement of Gurpreet Singh. It has been alleged that on 7.9.2009, the complainant was going on his motorcycle with regard to his personal work at village Gujjarwal. When he reached between village Ballowal and Jodhan at about 3.45 p.m., a Hindu gentleman and a lady were talking with each other and a motorcycle was standing there. The gentleman signalled the complainant to stop. The lady and the person who had signalled the motorcycle to stop stated that their motorcycle had run out of petrol. On this the complainant stopped his motorcycle. After about two minutes, a car came and two persons came out of the same. One of them was armed with a pistol like weapon and he snatched the mobile phone of the complainant. The said persons then took the keys of the motorcycle of the complainant and they forced him to sit in the car otherwise he would be killed. He was drugged by forcibly administering sweets. There were two ladies also in the car. The said persons then took the complainant to a closed room where two ladies were already present. There were three men and three ladies in the room. They forcibly undressed the complainant and one of the ladies also undressed herself. Then the lady tried to force the complainant to have sex, which he refused. They also made photographs and CDs of his. They further drugged him and demanded Rs.1 lac failing which they send the CD to his in-laws house and he would be killed. Crl. Misc. No. 2967 of 2010 and [3] Crl. Misc. No. M-31682 of 2009 The names of the petitioners are specifically mentioned in the FIR. Besides, as per the affidavit of Sh. Pirthi Pal Singh, Deputy Superintendent of Police, Raikot, District Ludhiana (Rural), it has been stated that the co-accused of the petitioners had named the petitioners as well. Learned State counsel on instructions from ASI Injerjit Singh, Police Station Sudhar, District Ludhiana (Rural) has submitted that the motorcycle of the complainant was recovered from one of the ladies who has been arrested in this case. Besides, the driving licence and purse containing Rs.1100 of the complainant was recovered from another lady who has also been arrested in this case. It is also submitted that petitioner No.1 is involved in a case of dacoity for the offence under Sections 395, 458 IPC and under the Arms Act registered at Police Station Jagraon. The allegations in the case are serious in nature. In the aforesaid facts and circumstances, no ground for the concession of pre-arrest bail is made out. Accordingly, the Crl. Misc. petition is dismissed. (S.S. SARON) JUDGE February 5, 2010 amit