RAVI DUTT Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition filed under Section 439(2) of the Code of Criminal Procedure, 1973 (for brevity, Cr.P.C.) prays for cancellation of pre- arrest bail granted to respondent No. 2 on 4.1.2000 by the learned Additional Sessions Judge, Kaithal in case FIR No. 455 dated 28.10.1999, registered under Sections 363-A, 366 and 376 IPC, with Police Station, City Kaithal.

(2.) THE principal basis for cancellation of bail is recording of FIR No. 295 dated 22.6.2001 at 1.20 A.M., under Sections 452, 504, 506 and 323 IPC at Police Station, City Kaithal against respondent No. 2 who is alleged to have misused the concession of bail granted to him earlier by the learned Additional Sessions Judge, Kaithal. The application for cancellation of bail filed by the petitioner before the learned Additional Sessions Judge has been dismissed on 11.10.2001 (Annexure P-6).

(3.) HOWEVER , while on bail, respondent No. 2 is alleged to have committed offences as disclosed in FIR No. 295 dated 22.6.2001 registered at 1.20 A.M. with Police Station, City Kaithal. The offences alleged to have been committed, disclosed in the FIR are under Sections 452, 504, 506 and 323 IPC. The version disclosed against respondent No. 2 is that the complainant had already lodged an FIR against respondent No. 2 and he is on bail in that case. It is alleged that respondent No. 2 has been threatening the complainant and his family members to compromise the matter. On 21.6.2001 at about 2.00/3.00 p.m. respondent No. 2 called at his house threatening that he would take the daughter of the complainant that night and hurled abuses. On account of the apprehension created by the threats given by respondent No. 2, the petitioner called Ruldu Ram son of Lachman Dass and his brother-in-law Ram Phal at his residence. In the evening at about 12 O'Clock when they were talking to each other, respondent No. 2 alleged to have come inside the house by opening the door and started abusing the petitioner. He caught him by neck and asked the petitioner where his daughter was. He is alleged to have given punch blow on the head of the petitioner. Some injuries are alleged to have been caused by Danda to Ram Phal, brother-in-law of the petitioner. Then they were able to catch respondent No. 2. The police was informed which reached the spot. On the basis of the aforementioned allegations, an application, under Section 439(2) Cr.P.C. for cancellation of regular bail granted on 18.11.1999 and pre-arrest bail granted on 4.1.2001 (Annexure P-2) was filed before the learned Additional Sessions Judge but the same has been declined on 11.10.2001 on the ground that respondent No. 2 has also filed a criminal complaint against the petitioner and that the bail can be cancelled only if there was serious apprehension to prosecution with regard to tampering with eye- witnesses (Annexure P-6).