SHOBHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Shobha, the petitioner seeks pre-arrest bail in a case registered by way of FIR No. 438 dated 6.7.2012 at Police Station City Bhiwani, District Bhiwani for an offence punishable under sections 148, 332, 353, 186, 307, 506 read with section 149 of Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner is mother of Chaman. According to him, Chaman and Manoj were taken into custody by the police team headed by Bahadur Singh, Head Constable. He has submitted that her other sons were also said to have been involved in a case. He has submitted that the petitioner is quite innocent and she has been falsely involved in this case to put pressure on the accused. According to him, no specific role has been attributed in the FIR to the petitioner with regard to the rescue of Chaman and Manoj. He has further submitted that the petitioner has already joined the investigation and no recovery is to be effected from her.

(2.) Learned State counsel on the other hand, has opposed the bail application. According to him, there is specific role attributed to the petitioner in the FIR. He has further submitted that there is nothing on the record from which it can be gathered that the petitioner has been implicated in this case only for her being mother of one of the accused.

(3.) The police came to the village to round up accused of FIR No. 422 dated 1.7.2012 registered at Police Station City Bhiwani for an offence punishable under sections 148, 323, 506 read with section 149 IPC. When the police party headed by Bahadur Singh, Head Constable apprehended Chaman and Manoj from a place in front of a barber shop at Bawari Gate and they were made to sit in the police vehicle, Chaman raised an alarm and called his family members. Kuldeep, Kake, Ravi and Kalia alongwith the petitioner and others came there. They were having dandas and lathis in their hands. They forcibly rescued Chaman and Manoj from the police vehicle and they did not stop at that but they gave blows to the members of the police party.