GAGANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Allegations against the petitioner Gagandeep Singh in this first anticipatory bail application under Sec. 438 Cr.P.C. in case registered by way of FIR No.140 dtd. 3/11/2018 at Police Station Doraha, Khanna under Sec. 354 IPC have been levelled by the complainant, an unmarried girl aged 28 years, in which she alleged that she used to receive unsolicited calls from mobile phone and the sender used to harass her repeatedly and on her statement present case was registered. During the course of investigation, it transpired that the accused was instrumental in sending her messages on her mobile phone.

(2.) Learned counsel for the petitioner inter alia contends that it is a pure mutual conversation between the complainant and the petitioner on mobile phone and there is no indecency in the same and that nothing is to be recovered from the petitioner for proper investigation of the present case.

(3.) Learned State counsel on instructions from ASI Mohinder Pal Singh, Police Station Doraha, District Khanna has sought to oppose the grant of bail on the grounds that the petitioner was instrumental in harassing an unmarried girl by misuse of his mobile phone and had also on one occasion caught her from the arm while she had gone to a shop and that the mobile phone is yet to be recovered, though accepts the fact that from the messages screened during the investigations nothing indecent or obscene had come about.