IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-22555 of 2010 DATE OF DECISION: August 06, 2010 Raj Pal @ Nanha …..Petitioner versus State of Haryana .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.Rajesh Gupta, Advocate for the petitioner .. RAJAN GUPTA, J.: (Oral) This is a petition under section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner vide FIR No.5 dated 4.1.2010 under sections 363/366/366A/376(g) IPC at police station Bhuna, District Fatehabad. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case by the prosecutrix. He is in custody since 8.1.2010 and no useful purpose would be served by detaining him in custody. He, thus, deserves to be enlarged on bail. I have heard learned counsel for the petitioner. A perusal of the FIR shows that prosecutrix in her statement has attributed specific role to the petitioner and co-accused. She stated that on 3.1.2010 at about 11.00 P.M. when she came out of bathroom, Sanjay, son of Vir Singh, who was armed with knife, accompanied by Nanha (petitioner) caught hold of her and took her to Crl.Misc.No.M-22555 of 2010 - 2 - Government Primary School for Girls, Lehrian, where she was sexually assaulted by both the accused turn by turn. At about 3.45 A.M., they left the prosecutrix at home. It appears that statement of the prosecutrix is corroborated by the testimony of her parents. Even her middle examination certificate shows her age as less than 15 years at the time of occurrence. The medical report also shows signs of sexual assault, as hymen was having lacerations at many places. In view of seriousness of allegations, manner of commission of crime and punishment it would entail in the event of conviction of accused, I am of the considered view that petitioner is not entitled to be enlarged on bail. The petition is devoid of merit and is hereby dismissed. August 06, 2010 ( RAJAN GUPTA ) pc JUDGE 2