Bhupender v. State Of Haryana And Another

 '

 1

N HE HIGH COURT FOR THE IN TH E STATES OF PUNJAB AND HANDIGARH HARYANA AT CH 

() *

'
-  ./,/

! !

 

!!!0// 

+, , ,
      

!!!, ,







!

"#$%
  %

$
3
- 
&% 
-4 *

 

3
!5
2
--6
7   3
-
8
-4 *

!
$9  


 % 

$& "!



:%


 
* 

& 
'"
*
 
*

 
 


 

    



! "#
 
"

# $#$
% 
 
& 
'$
(' <
)
)) ) -
(#)
'
 
)
*


& 
)

#
*

, &,
-
$ $# $
+& 
 )
*


& 
)
*
,

&,
-


.

/ 
 
& 
0 
1  
0 

$

;




# #

$#$'


 


  
2
 

 
 

2




5 
4 % 
, ,


 
# #

$#$'


 

 The present pe etition has been filed under Sec ction 438 of Cr.P.C. seeking anticipatory bail to the petitione er in case arising out of FIR No.180, dated 18.10.2 023,



registered under Sections 342, 354-B, 363, 366-A, 506, 34 and 376 of IPC and Section 10 and 6 of the Protection of Children from Sexual Offences Act, 2012 at Women Police Station Jind, District Jind on the basis of written complaint filed by the complainant who is mother of the victim "S" (name withheld) alleging therein that on 17.10.2023 the victim had gone to school for study when the present petitioner along with co-accused Pardeep had kidnapped her and while after taking her on motorcycle in the hotel, they had committed rape upon her.

It is submitted by learned counsel for the petitioner that the offences under Sections 376 of IPC and Section 6 of POCSO Act 2012 have been deleted during the course of investigation. The petitioner was not named in the FIR, and allegations of his having kidnapped the victim and committed rape upon her were also found to be false. He is Indian Army person. He is ready to join investigation. Notice of motion for 27.02.2024.

On asking of the Court, Mr. Arjun Lakhanpal, Addl., A.G., Haryana, accepts notice on behalf of the respondentState. He seeks some time to file status report in the matter.

In the meantime, the petitioner is directed to appear before the Investigating/Arresting Officer to join investigation within one week or as and when required subsequently.

In the event of his arrest, theInvestigating/Arresting Officer shall release the petitioner on interim bail subject to his/her satisfaction. The petitioner shall also abide by the conditions as envisaged under Section 438(2) Cr.P.C.

 =

*

 
 

4 


$"

#$ $#$'

 


>
8


%
* 
*



%
 


 

7


%



 
4


2 '

=
&

 



*

 

 
*

4 % %
,** 

 


 

5 
4 % 

) #

$#$'




? 
*
 
%  '

8 %

4 2

 4
 
*

 

 %


 
*




 

2




# #

$#$'
% %
 
 


 


 
 5


 
 
2

& 
'"+$.
*


*

 


! !'

(MANISHA BATRA)


JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No