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2009 Supreme(P&H) 910

S.S.SARON
Dheeraj Setia – Appellant
Versus
CBI – Respondent


Advocates:
For the Petitioner:Mr. APS Deol, Advocate, Sr. Advocate with Mr. Devinderbir Singh, Advocate.
For CBI:Mr Sukhdeep Singh Sandhu, Advocate.

JUDGMENT

S.S. Saron, J.:- 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. The facts leading to the case are that one Subhash was arrested by the officials of CIA Branch, Rohtak on 9.4.2008 in connection with a motorcycle theft case. Said Subhash was produced in Court on 10.4.2008. On 10.4.2008, the wife of said Subhash, who is a victim and the deceased in the present case was called to the CIA Staff by HC Balraj. When she went there, it was alleged that she was raped by HC Balraj and another Constable. The name of the other Constable later came to be known as Constable Silak Ram. The husband of the victim namely Subhash was granted bail in the motorcycle theft case on 24.4.2008. On his release, the victim disclosed about the rape committed on her. Thereafter, the victim made a complaint to the SP Rohtak on 26.4.2008, which complaint was marked to the petitioner who was posted as Deputy Superintendent of Police (City) Rohtak for inquiry on 29.4.2008. The petitioner conducted an inquiry and submitted his report (Annexur












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