Satpal @ Pala vs State of Haryana and another

Mehinder Singh Sullar, J.—Petitioner-Satpal @ Pala, son of Maman, has preferred the instant petition for the grant of anticipatory bail in a case instituted on a private complaint (Annexure P-1), in which, he was summoned along with his other co-accused, to face trial for the commission of offences punishable under Sections 376(g), 323, 452, 506, 148 and 149 IPC by the trial Court, by way of order dated 11.06.2012 (Annexure P-4), invoking the provisions of Section 438 Cr. P.C. Notice of the petition was issued to the State.

After hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration of the entire matter, to my mind, the petitioner is entitled to the concession of anticipatory bail in this context.

During the course of preliminary hearing, the following order was passed by this Court on September 12, 2012:-

Learned counsel, inter alia, contended that complainant-respondent No. 2 has filed a false criminal complaint, involving the petitioner and his other co-accused, at a very belated stage and the alleged medico legally examination of the victim was conducted after a gap of about 10 months. The argument is that otherwise also it is highly improbable to believe that petitioner would commit a gang rape, in the presence of his wife, brothers and sister-in-laws.

Heard.

Notice of motion be issued to the respondent, returnable for 20.09.2012.

Meanwhile, the petitioner is directed to appear/surrender on 17.09.2012 and the trial Court would admit him on (provisional) bail on his furnishing adequate bail and surety bonds to its satisfaction.

At the very outset, learned counsel has filed his affidavit to the effect that the petitioner has already been granted provisional bail by the trial Court, in compliance with the order of this Court. In the light of aforesaid reasons and taking into consideration the totality of the facts and circumstances, emanating from the record, as discussed here-in-above, the instant petition for anticipatory bail is accepted. The interim bail already granted to the petitioner by this Court, by virtue of order dated September 12, 2012 is hereby made absolute.