Saurabh Malik
Tribune News Service
Chandigarh, March 20
Nearly four years after two persons were murdered and two minor girls gang raped, the Punjab and Haryana High Court has dismissed an anticipatory bail plea filed by an Army man in the matter. The case was initially registered by the Haryana Police in Nuh district, but the investigation was transferred to the Central Bureau of Investigation.
The case file
- The complainant-victim had told the Haryana Police that she was at her parental home and her uncle and other members of the family were sleeping in the courtyard when the assault took place
- She first heard some noises from outside and then four to five persons trespassed the house, tied her uncle and others to the cot and hit them with batons and rods
- Three men raped her and another minor. Thereafter, they searched boxes, locked her and her sisters inside a room and took away a motorcycle
- The other injured were shifted to hospital where two were declared dead
The accused Ravinder Yadav alias Fauji’s counsel had submitted that the petitioner was serving in the Indian Army and there was no possibility of his fleeing from the justice. Besides, he had no criminal antecedents. As such, he was entitled to anticipatory bail.
Referring to the challan submitted by the CBI, Justice Arvind Singh Sangwan of the high court asserted it indicated the petitioner was allegedly seen holding an unlicenced weapon in his hand at the time of incident. The fact was also corroborated by two prosecution witnesses in their statements given to the investigating agency.
“At this stage, it cannot be said that the petitioner is innocent and has not committed the heinous offence of double murder and gang rape, therefore, finding no ground to grant anticipatory bail to him, present petition is dismissed,” Justice Sangwan said.
The Haryana Police had on August 25, 2016, had registered the FIR for gang rape, murder and other offences under Sections 459, 460, 376-D, 302, 325, 326, 396, 397 of the IPC, the provisions of the POCSO Act and the Arms Act at Tauru police station in Nuh district. The CBI, subsequently, registered its FIR on December 5, 2016, after the probe was transferred to it. The CBI submitted the challan against four accused, after obtaining report from the Forensic Science Laboratory, which indicated matching of DNA profile of the accused persons.
The petitioner moved the High Court after CBI Special Judge dismissed his anticipatory bail application filed after he was summoned by the trial court.