CRM-M 10062 of 2009 1 In the High Court for the States of Punjab and Haryana at Chandigarh. Decided on Sept 11,2009. Sajjan Singh and others -- Petitioners vs. The State of Haryana and others --Respondents. CORAM:HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Pankaj Maini,Advocate, for the petitioners Mr.Ajit Sihag,Advocate, for the complainant. Rakesh Kumar Jain, J: The petitioners have applied for anticipatory bail under Section 438 Cr.P.C. in a complaint case No.550 of 2006, titled as Smt.Santosh Vs. Harpal Singh and others, pending in the Court of Chief Judicial Magistrate, Hisar under Sections 342, 354,376,511 and 120-B IPC. The allegations contained in the FIR are that the complainant is posted as a constable in Police Department. She is married to Krishan Kumar son of Rattan Kumar. On 19.1.2006, she remained on duty till night in Youth Festival organised at Kurkshetra University, Kurukshetra. The complainant had to appear in a case under Section 138 of the Negotiable Instruments Act, in the Court of CRM-M 10062 of 2009 2 Chief Judicial Magistrate, Hisar on 20.1.2006 titled as Vinod Vs. Santosh. The said matter was settled on a compromise between the complainant and said Vinod for a sum of Rs.32,000/-. As the complainant had to appear in the Court on 20.1.2006, so on 19.1.2006, after finishing her duty, she accompanied by her husband Krishan Kumar and one friend Dharampal son of Mam Chand, came to Hisar bus stand at 1.30.a.m in the night of 19/20.1.2006. When they were in search of some hotel or inn, Sajjan Singh Head Constable No.731 and Rajinder Singh Constable No. 424, non-applicant who were then posted at Police Post, Bus Stand, Police Station, City Hisar, came to them and took them to police post. They started teasing the complainant and when she resisted, said petitioner No.1 (Sajjan Singh) and Rajinder Singh (non-applicant) telephonically called Harpal Singh SI/SHO (Petitioner No.3), Inderjit constable (petitioner No.2) and Dev Raj constable (non-applicant), who came there in a jeep driven by Mahinder Singh (non-applicant). They brought the complainant and her companions to police station, Hisar at about 2.30.a.m. where petitioner No.3 dragged the complainant in a room and raped her. Thereafter, petitioner No.1 and Rajinder Singh (non-applicant) also raped her. The entire incident was witnessed by her husband and husband's friend Dharam Pal. Thereafter, petitioner No.2 and non-applicants Dev Raj constable and Mahinder Singh also came there. They also tried to outrage her modesty. On the morning of 20.1.2006, when she asked them to get her medicolegally examined, they got furious and assaulted her husband and his friend and illegally confined them in police station, City Hisar till 5.30.p.m. Thereafter, Surinder Kaur, Inspector, CRM-M 10062 of 2009 3 C.A.W, Cell, DPO, Hisar (non-applicant), Raj Dulari ASI No.38 Fatehabad, police Station, City Hisar (non-applicant) and Raj Kumar EHC No.122, Police Station, City, Hisar (non-applicant) were called there, who implicated the complainant in a false case registered vide FIR No.43 dated 20.1.2006 under the Immoral Traffic (Prevention) Act,1956. It is also alleged that on 20.1.2006, an amount of Rs.32,000/- was also taken in her jamatalashi which the complainant was carrying for the purpose of settlement with Vinod with whom she had a case under the Negotiable Instrument Act, before the Chief Judicial Magistrate, Hisar. It is also alleged that out of Rs.32,000/-,Rs.30,000/- have been shown in the jamatalashi. Since on 20.1.2006, the complainant could not appear in her case, non bailable warrants were issued against her and she could not settle her dispute with said Vinod. However, subsequently, she appeared in her case and paid the said amount to the complainant (Vinod Kumar) thereafter. In order to support the averments made in the complaint, at the time of preliminary hearing, the complainant appeared as PW-7, Dharam Pal as PW-1, Krishan Kumar (husband of the complainant) as PW-2, Sanjiv Kumar Clerk as PW-3, Head Constable Ramesh Kumar as PW-4, Pehlad Singh ASI, PW-5, Roop Chand Clerk as PW-6. The Chief Judicial Magistrate,Hisar, vide her order dated 26.2.2008, summoned the present petitioners, holding as under:- “Consequently, a prima facie case for commission of offence under Sections 342,354,376 read with Section 511 of Indian Penal Code read with Section 120-B of IPC is made out against the accused Nos.1 to 6 and a CRM-M 10062 of 2009 4 prima facie case for commission of offence under Section 218 read with Section 120-B IPC is made out against accused Nos. 7 to 9.” Afraid of being arrested, the petitioners had applied for anticipatory bail which was dismissed by learned Addl.Sessions Judge, Hisar, on 18.3.2009. Learned counsel for the petitioners has submitted that the complainant has filed this complaint after a delay of 10 months of the alleged occurrence. It is also submitted that the petitioners have been falsely implicated in this case. It is also submitted that the petitioners had appeared before the Court below and have been released on interim bail. On the contrary, learned counsel for the complainant has argued that it is a case where a lady police constable has been raped by police officers/officials in percints the police station itself and the Court has found all of them prima facie guilty of the offences as per its order dated 26.2.2008. Therefore, the petitioners do not at all deserve concession of pre-arrest bail. After hearing the learned counsel for the parties and keeping in view the seriousness of allegations as well as the facts and circumstances, I do not find it to be a fit case for grant of anticipatory bail. Hence, the bail application is hereby dismissed. Sept 11,2009 (Rakesh Kumar Jain) RR Judge