(1.) As these two regular bail applications both under Sec. 439 Crimial P.C., one by petitioner Daljeet Singh Dhillon and the other by Gurinder Singh, have been filed in the same very FIR bearing No.2 dated 02.07.2018 under Sections 376/376C Penal Code and Sections 22/27/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 pertaining to Police Station Punjab State Crime, SAS Nagar, District Crime Wing, SAS Nagar, are thus being taken up and decided together.
(2.) The brief facts brought to the notice of this Court by the learned State counsel Mr. Dhruv Dayal, Senior Deputy Advocate General, Punjab assisted by Inspector Kulwant Singh, Police Station Punjab State Crime, S.A.S. Nagar (Mohali) are that the complainant prosecutrix in this case who is a deserted woman aged around 26 years while working at Western Mall, Ludhiana came in contact with the coaccused non-applicant Rupinderjit Kaur alias Rupinder Mann while living in a paying-guest accommodation. It is in the year 2013 Rupinder Mann introduced the complainant to one Aman alias Gurinder Singh petitioner, a businessman at Ludhiana. The complainant, Rupinder Mann and above said petitioner Gurinder Singh, in the year 2013 planned to visit Harmandir Sahib at Amritsar and on the way they went to the residence of accused petitioner Daljeet Singh Dhillon, who was then posted as Deputy Superintendent of Police, Tarn Taran. After having food, it is alleged, one Ashok Kumar co-accused non-applicant, servant of accused petitioner Daljeet Singh Dhillon on the asking of the latter, brought a piece of foil paper and a lighter, and on which paper heroin was placed and the complainant is alleged to have snuffed the commodity. The accused Daljit Singh Dhillon gave his mobile number which in fact belonged to his Reader (now deceased) to the complainant. It is alleged that the complainant got hitched to this drug. After 20 days of this, Rupinder Mann along with the complainant went in a bus to Tarn Taran where they were picked up by a vehicle sent by the DSP at the bus stand. It is alleged that at the house of the DSP the complainant snuffed heroin and thereafter, was taken by the accused petitioner Daljeet Singh Dhillon to the roof top where she was ravaged and she stayed back there for the night. It is the story of the prosecution that in due course, on the asking of Daljeet Singh Dhillon petitioner, the complainant used to supply him girls and in lieu of which he used to supply heroin to the complainant. During the course of events, the complainant came in contact with one Balraj who also was an addict and from whose loins she became pregnant. It was on the complaint of the prosecutrix dated Nil made to the Chief Minister of the State, the present case has been got registered on 02.07.2018.
(3.) Mr. S.S. Behl, Advocate for the petitioner Gurinder Singh has vociferously submitted that there is no overt act attributed to the petitioner and the only allegation that has come about is that he was got introduced to the complainant by accused non-applicant Rupinder Mann and all the three of them had planned to visit Harmandir Sahib Amritsar and while on the way they went to Tarn Taran at the house of accused Daljeet Singh Dhillon and thus, being in custody since 02.08.2018 in the absence of any evidence and the fact that trial is not likely to be concluded in the near future, no useful purpose will be served by his further detention.