Gurpreet Singh @ Gopy v State of Punjab
Punjab And Haryana High Court
8 November 2012
Cr. Misc. No. M-35336 of 2012 (O & M)
The Judgment was delivered by : Paramjeet Singh, J.
1. This is a petition filed u/s. 438 Cr.P.C. for grant of concession of pre-arrest bail to the petitioner in case FIR No.161 dated 11.10.2012 under Sections 323/363-A/506/509/376/511/120-B IPC read with Sections 66/67 of the Information Technology Act, registered at Police Station Dasuya, District Hoshiarpur.
2. The allegations in the FIR are to the effect that in the month of February, 2012 Priya d/o Gopal, asked the daughter of the complainant that her relative is having a shop at bus stand Randhawa and she has to bring some household goods from there and after the school hours she should accompany her, upon which the daughter of the complainant agreed for the same. When both of them came out from school they found a boy standing on the roadside, whose name later on came to be known as Gurpreet Singh s/o Sat Pal, r/o Berchha, P.S. Dasuya, having motorcycle with him. Both the girls sat on the pillion seat of motorcycle and the said boy took the motorcycle towards the bus stand, Randhawa. He turned the motorcycle on the eastern side of the road on the kacha passage. At some distance on the kacha passage the car mark Tata Safari colour black was found parked at some little distance and three boys, namely Simranjit Singh @ Simmi s/o Sarwan Singh, Ajay Pal Singh @ Raja s/o Sohan Singh, Baljit Singh @ Balu s/o Kabal Singh, all jats by caste residents of village Thakka, P.S. Dasuya were standing near the aforesaid Tata Safari car. The person who was driving the motorcycle stopped the same near the car and the persons standing near the car forcibly dragged the daughter of the complainant and threw her in the car. She was kidnapped and the car was taken away to the abandoned place near the drain where all the three boys made an attempt to commit rape forcibly upon the daughter of the complainant. She resisted their attempt and raised alarm but the boys gave slaps to her and dragged her by her long hairs and she continued to make protest. Simranjit Singh @ Simmi forcibly took the daughter of the complainant in the car and started molesting her and other boys standing outside the car started preparing the video SMS film using their phones.
After preparing video SMS all the three boys gave threat to her that in case she informed this matter to any person then SMS shall be shown on the internet and her father shall be got murdered. They were asked by the petitioner to kidnap the daughter of the complainant. On the basis of the threat given by the accused boys, to protect her honour she did not inform the complainant or any other family member. After that whenever the daughter of the complainant used to go to school the aforesaid boys and the petitioner used to threat her to accompany them and they made an attempt to sit in the car. The accused boys uploaded the SMS on the internet and the same was sent on the mobile phones to the boys of the nearby villages.
3. Now-a-days means are so readily available through which pictures can be widely circulated. Under the misplaced trust, daughter of the complainant accompanied Priya and the petitioner and other accused made objectionable video SMS while molesting her and then the petitioner started blackmailing her. It has social and legal implications. Such pictures are widely circulated. Such a trend is regrettable and dangerous. Threat by the petitioner to blackmail includes to selling or distributing the photographs. This Court is worried about the turmoil the daughter of the complainant may be in after such an unspeakable incident, specially when she was being blackmailed.
4. Keeping in view the above facts and circumstances and gravity of offence which has vide ramifications on the society and the victim’s family, custodial interrogation of the petitioner is necessary.
5. No ground for concession of anticipatory bail is made out.
6. Dismissed.
Petition dismissed
