Crl. Misc. No. M-22682 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-22682 of 2009 Date of decision : 23.09.2009 Raj Kumar ....Petitioner V/s State of Haryana ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Jitendra Sharma, Advocate for the petitioner. Mr. Tarun Aggarwal, Sr. DAG Haryana. RAJAN GUPTA J. (ORAL) This is a petition for grant of regular bail in a case registered against the petitioner under Sections 366/376/506 IPC at Police Station Uklana vide FIR No. 156 dated 14.06.2009. Learned counsel for the petitioner has argued that there is element of consent in the entire occurrence and thus, offence under Section 376 IPC is not made out. According to the counsel, occurrence is stated to be of 07.06.2009 while the instant FIR was lodged on 14.06.2009. He has further submitted that prosecutrix had been examined before the trial court and she has not supported the prosecution version. Learned counsel for the State has, however, opposed the grant of bail to the petitioner on the ground that allegations against the petitioner are serious in nature. He, however (on instructions from ASI Mahipal, who is present in court) does not dispute the fact that prosecutrix has been Crl. Misc. No. M-22682 of 2009 2 examined and declared hostile. Keeping in view the facts and circumstances of the case particularly that prosecutrix has been declared hostile, no useful purpose would be served by detaining the petitioner in custody during the pendency of the trial. Without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to the petitioner. Accordingly, the petition is allowed and he is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate, Hissar. 23.09.2009 (RAJAN GUPTA) Ajay JUDGE