Crl.M.No.M-30025 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-30025 of 2010 (O&M) Date of Decision:October 11, 2010 Harmail Singh .....Petitioner v. State of U.T.Chandigarh .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.S.S.Duhan, Advocate for the petitioner. ...... RAM CHAND GUPTA, J.(Oral) Crl.M.No.53686 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-30025 of 2010 The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.189, dated 20.5.2009, under Sections 452, 376, 506 read with Section 34 IPC, registered at Police Station Manimajra, U.T., Chandigarh, as he has been summoned to face trial by the Court of learned Additional Sessions Judge, Chandigarh. I have heard learned counsel for the petitioner and have gone through the whole record carefully, including order, Annexure P1, passed by learned Additional Sessions Judge, Chandigarh, summoning the petitioner-accused to face trial alongwith co-accused Vijay Singh and the order dated 5.10.2010, Annexure P2, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed by learned Additional Sessions Judge,Chandigarh. It is a case of gang rape. Brief allegations are that prosecutrix Crl.M.No.M-30025 of 2010 (O&M) -2- was alone in her house as her parents had gone to PGI as some relative was lying admitted in PGI, Chandigarh. Petitioner-accused alongwith co- accused Vijay Singh forcibly entered the house. On the asking of the petitioner-accused, co-accused Vijay bolted the door from outside. First petitioner-accused committed rape upon her and thereafter co-accused Vijay committed the rape upon her. After raping her, photographs of prosecutrix in her naked conditions were also taken on mobile. In the meantime, her father also reached the house. Thereafter they ran away. It has been contended by learned counsel for the petitioner- accused that petitioner was found innocent by the police in enquiry conducted by DSP and however, he has been summoned by learned trial Court by allowing the application filed under Section 319 Cr.P.C. However, there are serious allegations against the petitioner- accused. It is a case of gang rape. There are specific allegations that petitioner-accused committed rape upon the prosecutrix after forcibly entering her house. It is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner-accused. Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioner- Harmail Singh for grant of anticipatory bail is, hereby, dismissed being devoid of any merit. 11.10.2010 (Ram Chand Gupta) meenu Judge