Crl. Misc. No. M-7286 of 2011 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-7286 of 2011 (O&M) Date of decision : 9.3.2011 Kesar Naseem @ Bhalla ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Sarfraj Hussain, Advocate for the petitioner. Rajan Gupta, J. (oral) This is a petition under Section 438 Cr.P.C. seeking pre- arrest bail in a case registered against the petitioner under Sections 323, 376 (2) (g), 452, 506 read with Section 34 IPC at Police Station Nuh, District Mewat, vide FIR No.46 dated 4th February, 2011. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the case and report of FSL has not been received till now. He, therefore, submits that petitioner is entitled to concession of pre-arrest bail. I have heard learned counsel for the petitioner and given careful thought to the facts of the case. It has been alleged that the prosecutrix was sleeping on roof of her house (Chaubara) on 1st February, 2011. The petitioner along with co-accused Shahid entered her house and they raped her turn by turn. She cried but the accused shut her mouth. A written complaint Crl. Misc. No. M-7286 of 2011 was made on 4th February, 2011 leading to registration of instant FIR. In view of the nature of allegations, particularly gang rape, I am of the considered view that petitioner is not entitled to concession of pre-arrest bail. The petition is devoid of merit and is hereby dismissed. (RAJAN GUPTA) JUDGE 9.3.2011 'rajpal'