Rajan Gupta, J. - (1.) THIS is a petition filed under Section 438 of the Code of Criminal Procedure seeking pre -arrest bail in a case registered against the Petitioner vide FIR No. 28 dated 28.04.2010 under Sections 376/506 IPC at Police Station Bhadson, District Patiala.
(2.) LEARNED Counsel for the Petitioner has argued that prosecutrix who was author of the FIR was 19 years old. On the date when she lodged the FIR she eloped with a person namely Buta Singh and regarding this incident, the accused -Petitioner lodged two complaints on the same day i.e. Annexures P -1 & P -2. He has also referred to Annexure P -3 sworn by wife of Buta Singh wherein she alleged that Buta Singh was having illicit relations with Palwinder Kaur (prosecutrix herein). According to learned Counsel, Buta Singh was involved in number of cases as would be clear from list given in Annexure P -8. He submits that in fact the Petitioner has been implicated in the case at the behest of said Buta Singh. It being a case of false implication, the Petitioner deserves the concession of pre -arrest bail. Learned Counsel further submits that Petitioner had also lodged a FIR, Annexure P -9 for attempt to murder when he was assaulted on June 10, 2010 wherein Buta Singh figured as one of the accused. Learned State counsel has, however, vehemently opposed the prayer for pre -arrest bail. He has placed on record affidavit of Arshdeep Singh, Deputy Superintendent of Police, Nabha and referred to inquiry report, Annexure R -1 annexed thereto. He submits that during investigation it had been found that rape case against the Petitioner had been correctly registered. According to him, Petitioner Balkar Singh is required by the investigating agency and he had been filing false applications to evade his arrest.
(3.) I have heard learned Counsel for the parties and given careful thoughts to the facts of the case.;