Crl. Misc.No.M 32839 of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc.No.M 32839 of 2010 Date of Decision:-06.12.2010 Anil Kumar. ......Petitioner. Versus State of Punjab. ......Respondent. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Pankaj Bhardwaj, Advocate for the Petitioner. Mr. Gaurav Garg Dhuriwala, AAG Punjab. *** JASWANT SINGH, J(ORAL) Prayer is for grant of regular bail under section 439 Cr.PC to the petitioner in case bearing FIR No.118 dated 20.6.2010 under Sections 376, 511, 120-B and 506 of Indian Penal Code registered with Police Station Division No.7, Ludhaina. Learned counsel submits that allegation against the petitioner is that he has forcibly tried to commit rape upon 14 years old prosecutrix. It is submitted that as per medical evidence no rape was committed. Learned counsel further submits that the prosecutrix Surjit Kaur, who is allegedly 14 years of age, even in her statement under Crl. Misc.No.M 32839 of 2010 #2# Section 164 Cr.PC before the learned JMIC has stated as under:- “Anil Kumar took me in a house of a tailor. He made me sit in a room and after closing the door, he forcibly tried to thrust himself upon me. He took off my clothes but I backed off.” It is contended that from the allegations, no offence under Section 376 IPC is made out instead at best Section 354 IPC would be attracted for which maximum punishment provided is two years. He further submits that in the present case petitioner is in custody since 20.6.2010 and challan has been presented. Learned State Counsel on instructions from SI Karam Singh is unable to refute the contents of the statement of the prosecutrix as above referred. After hearing learned counsel for the parties and without expressing anything on the merits of the case, I deem it appropriate to accept the prayer made by the petitioner, as such, the petition is allowed. Petitioner is directed to be released on bail subject to satisfaction of the CJM/Duty Magistrate Ludhiana. ( JASWANT SINGH ) JUDGE 06th December, 2010 Vinay