DHEERAJ SETIA Vs. CBI

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioner seeks pre -arrest bail in a case that has been registered against him for the offences under Sections 120B read with 306 and 506 Indian Penal Code (IPC - for short).

(3.) AFTER the death of the victim, on the directions of this Court vide order dated 18.7.2008 passed in CWP 10838 of 2008, the respondent - CBI registered the FIR on 24.7.2008 for the offences under Sections 120 -B read with 306 and 506 IPC. The matter was investigated and insofar as the role of the petitioner is concerned, the case of the respondent -CBI is that the petitioner in connivance with the other co -accused i.e. Inspector Pawan Kumar the then SHO of PS City Rohtak had got the FIR 341 dated 31.5.2008 registered for the offences under Sections 376 -B/34 IPC only. Section 376 -B IPC in fact relates to inter -course by a public servant of a woman in his custody. The said section is not attracted as the victim was not in Police custody and she had never alleged in her complaint that she was in custody of the accused persons. The investigation that was carried out had established that the victim was never arrested by the CIA -I officials. ASI Prahlad Singh had stated that the accused -petitioner and Inspector Pawan Kumar the then SHO of PS City Rohtak and another co -accused had ordered him to register the FIR under Sections 376 -B/34 IPC. The petitioner got the FIR registered under wrong Sections of law to give benefit to the police officials concerned.