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2011 DIGILAW 2192 (PNJ)

Neeraj v. State of Haryana

2011-12-09

L.N.MITTAL

body2011
JUDGMENT Mr. L.N. Mittal, J.: (Oral) - Accused Neeraj has filed this petition for anticipatory bail in case FIR No.334 dated 01.10.2011, under Section 376 and 120-B of the Indian Penal Code (in short – IPC), registered at Police Station Baldev Nagar, District Ambala. 2. I have heard learned counsel for the parties and perused the case file. 3. According to the prosecution version, petitioner’s co-accused Kamaljeet @ Laddi clandestinely took photographs of the complainant – a beautician, while she was changing her clothes after applying henna to petitioner’s sister Veenu for her marriage. On the basis of those photographs, Kamaljeet @ Laddi blackmailed the prosecutrix and even committed rape on her. Ultimately, prosecutrix disclosed the matter to her father and thereafter, in brotherhood Panchayat, Kamaljeet @ Laddi was counselled, but he continued with the trouble. Thereafter, petitioner Neeraj and another co-accused Sagar also started instigating Kamaljeet @ Laddi to continue to trouble the prosecutrix. 4. From the version of the prosecution in the FIR itself, it is evident that the petitioner had nothing to do with the initial acts of Kamaljeet @ Laddi in snapping the photographs of the prosecutrix and blackmailing and exploiting her on the basis thereof and in committing rape on her and it was only at later stage that the petitioner and co-accused Sagar came into picture and allegedly instigated Kamaljeet @ Laddi to continue troubling the prosecutrix. 5. In view of the aforesaid, without meaning to express any opinion on merits of the case, I find it to be a fit case to extend concession of anticipatory bail to the petitioner. Consequently, the instant petition for anticipatory bail is allowed. 6. In the event of arrest, the petitioner shall be released on bail, to the satisfaction of the Arresting Officer, subject to the conditions specified in Section 438 (2) of the Code of Criminal Procedure. He shall join investigation as and when required by the police. Presently, the petitioner is directed to join investigation on 21.12.2011 at 10:00 A.M. and continue to do so as and when required by the police.