RAM CHAND GUPTA - (1.) THIS order will dispose of both the afore-mentioned petitions filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR No.291 dated 21.7.2011 under Sections 376(2) (g) of Indian Penal Code, registered at Police Station City Punhana, District Mewat. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Nuh dismissing anticipatory bail application filed on behalf of the petitioners.
(2.) THIS Court while issuing notice of motion in Crl. Misc. No.M- 9222 of 2012 passed the following order on 29.3.2012:- "Crl.M.No.19301 of 2012 Application is allowed subject to all just exceptions. Crl.M.No.M-9222 of 2012 Contends that petitioner is a juvenile and his date of birth is 15.2.1996, as per school certificate, Annexure P4. It is also contended that the said plea was also taken by petitioner before learned Additional Sessions judge and, however, the same was not considered. Further contends that there are no allegations of rape against the present petitioner and in fact, affidavit has also been given by the complainant and the prosecutrix that petitioner was inadvertently named in the FIR. It is also submitted that even as per enquiry conducted by the police, it was found that complainant is in the habit of lodging false complaints to extract money. Notice of motion to Advocate General, Haryana, for 26.4.2012. However, in the meantime, petitioner is directed to join the investigation and in case he is arrested, he shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C."
(3.) THIS Court while issuing notice of motion in Crl. Misc. No.M- 9630 of 2012 passed the following order on 4.4.2012:- "CRM No.20052 of 2012 Application is allowed subject to all just exceptions. CRM No.M-9630 of 2012 Contends that case of present petitioner is similar to co- accused Anish, who was granted interim bail by this Court in Crl. Misc. No.M-9222 of 2012 vide order dated 29.03.2012. Further submits that the date of birth of present petitioner is 03.04.1994. Notice of motion to Advocate General, Haryana for 26.04.2012.;