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Judgment
RAMESH KUMARI, J. (oral)
The present petition has been filed under Section 482 of BNSS (erstwhile Section 438 of Cr.P.C.) by the petitioner for grant of anticipatory bail as the petitioner has been implicated in criminal case arising out of First Information Report as detailed hereinunder:-
| FIR No. | Dated | Sections | Police Station |
|---|---|---|---|
| 167 | 11.08.2026 | 305, 333, 76, 351(3) of BNS (erstwhile Sections 380, 452, 354B and 506 of IPC) | Bawal, District Rewari |
The above noted criminal case on the basis of statement of complaint submitted by the complainant who is house wife wherein she stated as under:-
" ….both my husband and brother-in-law are serving the country in the Indian Army, I live alone at home, on the night of 06.08.2026 I was sleeping at my home when suddenly at around 11:00 pm 4-5 people entered our house and started molesting me by holding me hostage, as soon as I screamed my mother and children woke up, then the above accused ran away from there and while leaving they took away the purse kept near my bed in which 2-3 thousand rupees and a gold chain were kept, and while leaving they also threatened to kill me saying that if tell anyone or report to the police, I will kill you. I recognized Ajay son of Vikram Sing among them, I could not recognize the others, I dialed 112 from mobile numbe 9467970744 on the spot, PCR reached the spot and now I have come to file a writte A report for further action."
Learned counsel for the petitioner inter alia submits that he has falsely been implicated in this case. He had not committed alleged offence. It is highly improbable that the victim could have recognized him at the dead of night and could have also committed the offence of theft of gold chain and purse as well as offence of molestation. He prayed that he is ready to join the investigation and to abide by any conditions as imposed by the Court. He prayed for grant of interim pre-arrest bail.
Mr. Neeraj Yadav, Advocate appeared and has filed his vakalatnama on behalf of the complainant. The same is taken on record.
Learned State counsel assisted by learned counsel for the complainant submitted that the complainant has specifically named the petitioner and he belong to the village of the victim. His custodial interrogation is required.
The victim in her statement before the Police which is the basis of FIR, specifically stated that she lives with her mother and children. On fateful night of 06.08.2026. At about 11.00 PM, 4-5 persons entered in her house and molested her. She was kept as a hostage in her own house. Her screams woke her mother and children. The currency notes of 2000-3000 and gold chain kept in a purse near bed was also taken. Custodial interrogation of the accused is required for recovery of stolen gold chain and currency notes as well as to know the identity of other assailants/accused.
In view of above, observations, there is no merits for granting benefit of pre-arrest bail. Hence, the present petition is dismissed.
Pending application, if any, also stands disposed of.