IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Date of decision:-17.7.2018
State of Haryana
CORAM: HON’BLE MR.JUSTICE H.S.MADAAN
Present: Mr.Sandeep Gahlawat, Advocate
for the petitioner.
Mr.Gaurav Bansal, AAG, Haryana.
H.S. MADAAN, J.
This petition for regular bail has been filed by Pardeep – an
accused in FIR No.110 dated 4.3.2017, under Sections 346, 376(1)(i), 406
IPC and Section 4 of Protection of Children from Sexual Offences Act,
2012 (hereinafter referred to as the Act), registered at Police Station City,
The FIR in this case was registered on the basis of an
application submitted by complainant – Rekhi wife of Rajpal of Jogi
community, resident of Sewa Nagar, Bhiwani to the police on 4.3.2017
submitting therein that her eldest daughter aged about 14 years (daughter
name not being mentioned to conceal her identity and referred to as ‘the
1 of 3
22-07-2018 13:26:58 :::
victim’) had left home in the morning of that day without informing
anybody; that despite being searched, she could not be located. On the
basis of that application, formal FIR for the offence under Section 346
IPC was registered. The matter was investigated. On 10.3.2017, when the
Investigating Officer was present near bus-stand Rohtak, the victim was
found therefrom. Her statement was recorded wherein she stated that she
had been sexually ravished by one Auto driver Pardeep at Prince Hotel,
Rohtak by use of force. Therefore, offence under Section 376 IPC and
Section 4 of the Act were added, whereas offence under Section 346 IPC
was deleted. Accused Pardeep was arrested in this case on 26.3.2017.
During the course of investigation, offence under Section 406 IPC was
also added. After completion of investigation and other formalities,
challan was prepared and filed in the Court. The petitioner had filed an
application for regular bail in the Court of Sessions, which was declined
by Additional Sessions Judge (Exclusive Court), Bhiwani vide order dated
18.1.2018, as such, he has approached this Court with the same request.
Notice of the petition was given to respondent – State and
counsel representing the State has put in appearance.
I have heard learned counsel for the parties besides going
through the record.
The allegations against the petitioner are very grave and
serious of committing rape upon a minor girl. Such type of persons having
lust for sex are danger to innocent young girls and women. They need to
be dealt with sternly. No leniency can be shown to them lest they are able
to sexually assault more innocent young girls. There are reasonable
2 of 3
22-07-2018 13:26:59 :::
chances of the petitioner tampering with the prosecution evidence and
absconding, if granted bail.
Therefore, finding no merit in the petition, the same stands
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
3 of 3
22-07-2018 13:26:59 :::