Granting anticipatory bail should not hamper the investigation, especially in cases involving serious allegations and close proximity of the parties.

JUDGMENT

Rajesh Bhardwaj, J. - Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.

2. Instant petition has been filed under Section 438 Cr.P.C. praying for grant of anticipatory bail to the petitioner in case FIR No.42, dated 03.04.2021, under Sections 323, 354, 34 IPC and subsequently added Sections 67, 67-A of Information Technology Act, registered at Police Station Sadar Rupnagar, District Rupnagar.

3. Learned counsel of the petitioner has vehemently contended that from bare reading of the allegations in the FIR, no offence as alleged, has been made out against the petitioner. Counsel for the petitioner has drawn attention of this Court to the order passed by learned Additional Sessions Judge, Rupnagar, wherein the discussion regarding some photographs in which complainant was shown to have been disrobed from the front portion with her torn shirt. There is another discussion regarding the record of one pendrive and the petitioner wants to make out a case from these observations that he has no role to play in the occurrence and he is innocent. He has further contended that there is a CD of the occurrence, which has been placed on record and in the light of this, the petitioner is innocent.

4. On the other hand, Mr.M.S.Nagra, learned Assistant Advocate General, Punjab, vehemently opposes the contentions raised by learned counsel for the petitioner. Learned State counsel has submitted that from the FIR, it is writ large that the parties are at loggerheads since long as there is a mention of earlier fights also between the parties. He has argued that the petitioner has not only made a video of the complainant but has also made it viral on social media showing the complainant in disrobed condition, as found mentioned in the observations made by learned Additional Sessions Judge also.

5. I have heard the parties and perused the record made available. I would be refraining myself from appreciating the CD placed on record as the same is a matter of evidence falling in the domain of the trial Court. However, as the Court is seized of the matter pertaining to anticipatory bail only wherein the main concern of the Court would be to weigh the prayer of the petitioner on the anvil of parameters that whether granting anticipatory bail would result in hampering the investigation of the case, in totality of the facts and circumstances? I find the answer to the same as 'Yes'. The parties are closed neighbours and allegations made against the petitioner are serious in nature. In addition to this, taking into consideration the antecedents of the petitioner, the grant of pre arrest bail to him may definitely hamper a free and fair investigation of the case. As a result, the present petition, being devoid of any merit, is hereby dismissed.