DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is Crl. Misc. No. 12989-M of 1999 whereby Darshan Singh (petitioner herein) is claiming anticipatory bail in case FIR No. 79 dated 7.10.1998 registered under section 376 IPC at PS Kalanaur.

(2.) THE prosecution case in brief is that on 18.6.1996 (18.6.1998 ?), Balbir Singh was canvassing in connection with panchayat election. He had gone to somebody's house to ask for votes. At about 11 PM when he returned home, he saw his brother Sukhdev Singh sitting on a cot along with his daughter Harjit Kaur who was weeping. He inquired from his daughter as to what had happened to her. His daughter told him while weeping that when he had gone outside for canvassing for votes, at about 9 PM, Darshan Singh and Nishan Singh came to their door step and told her that her father was lying dead-drunk and he be brought to the house. She further told him that when she opened that door, both tied her mouth with a piece of cloth and took her to Govt. School building where she was raped by both Darshan Singh and Nishan Singh. Balbir Singh contacted the Sarpanch of the village and other responsible people and took them to PS Kalanaur and gave application. No action was taken on that application. Balbir Singh made application to this effect to SSP, Batala on 7.10.1998 in which he imputed rape on his daughter to Darshan Singh and Nishan Singh.

(3.) LOOKING to the facts and circumstances of the case, I think anticipatory bail should be allowed to the petitioner. It is, therefore, ordered that in the event of arrest, the petitioner shall be called upon to furnish bail by the Investigating Officer. Petitioner shall join the investigation and he shall keep joining the investigation as per the direction of the investigating officer.