IMPORTANT POINT
Anticipatory Bail – CBI cannot arrest petitioner without any evidence of their complicity in the crime only on basis possibilities and probabilities

SURINDER GUPTA, J.

1. Both the above petitions have been taken up together as these arise from the same FIR. Petitioners in both the petitions have sought their pre-arrest bail in case FIR No.250 dated 08.09.2017 registered for the offences punishable under Sections 302 Indian Penal Code, 25 of Arms Act, 75 Juvenile justice (Care and Protection of Children) Act, 2005 (for short-J.J. Act) and Section 12 of Protection of Children from Sexual Offences (POCSO) Act, 2012 (added later on) at Police Station Bhondsi.

2. Pradyumn Thakur aged 7 years a student of Ryan International School, Bhondsi, along with his sister Vidhi was left at school by their father (complainant) at 8.00 A.M. on 08.09.2017. At 8.10 A.M., he received a phone call of his wife, who asked the complainant to immediately call Anju Dudeja madam. When he contacted Anju Dudeja madam, she told him that his son had a cut on the neck and is profusely bleeding. She asked him to reach Badshahpur hospital, where he was being taken. Complainant along with his wife left for Badshahpur Hospital but on the way, he received a call from Anju Madam that they were taking the child to Artemis Hospital. On reaching there, he found that there was a cut on the right side of his neck up to the ear and he was in emergency ward. The doctor informed the complainant that Pradyumn had died.

3. On receipt of information, police recorded FIR No.250 dated 08.09.2017 at Police Station Bhondsi (Gurugram) and arrested Ashok Kumar son of Ami Chand on the same day.

4. Vide State notification dated 17.09.2017 and notification issued by Ministry of Personnel, Public Grievances and Pension (Department of Personnel and Training), New Delhi dated 22.09.2017, investigation of the case was transferred to Central Bureau of Investigation (CBI), which re-registered the aforesaid FIR as case bearing No.RC 8(S)/2017/SCIII/ New Delhi on 22.09.2017, which is reproduction of the FIR recorded by Police Station Bhondsi.

5. After hearing arguments on 07.10.2017, both the petitions were adjourned for 05.12.2017 and the investigating agency was directed to submit further report relating to the investigation on that day. Operative part of order dated 07.10.2017 reads as follows:-

"Consequently, petitioners in both the petitions are directed to join the investigation by CBI on receipt of notice in this regard. In the event of their arrest being required, they will be allowed interim bail in case bearing FIR No. RC 8(S)/2017/SC-III/New Delhi dated 22.09.2017 for the offences punishable under Sections 302 read with Section 34 IPC, 25 of Arms Act, 75 J.J.Act, and 12 of POCSO Act, 2012 (earlier FIR No.250 dated 08.09.2017 registered at Police Station Bhondsi, Gurugram) till next date on their furnishing bonds to the satisfaction of Investigating Agency. However, they shall abide by the terms and conditions as envisaged under Section 438(2)(i) to (iv) Cr.P.C. failing which they shall loose the benefit of interim bail allowed to them."

6. Complainant-Barun Chandra Thakur (father of the deceased) filed Special Leave Petitions (Criminal) No.8044-8055 of 2017 before Hon'ble Apex Court, challenging the grant of interim relief to the petitioners, which were disposed of by Hon'ble Apex Court vide order dated 06.11.2017, which reads as follows:-

"Considering the rival submissions, we are only inclined to request the High Court to dispose of the bail application of the petitioner within a period of ten days hence. We are inclined to make such a request as the High Court has granted interim protection to the petitioner under Section 438 Crl.P.C. for a long period.

With the aforesaid request, the special leave petitions stand disposed of."

7. On the applications of complainant bearing Nos. CRM-36297- 298 and 36302-303 of 2017, the petitions were proponed for 17.11.2017.

8. I have heard learned counsel for the petitioners, complainant and learned retainer counsel for CBI.

9. Learned counsel for the petitioners submit that after the filing