Criminal Misc. No. M-24818 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-24818 of 2009 (O&M) Date of decision: 19.11.2009 Sanjay .. Petitioner v. State of Haryana .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Hitesh Verma, Advocate for the petitioner. Ms. Ritu Punj, Deputy Advocate General, Haryana. .. Rajesh Bindal J. Prayer in the petition is for grant of regular bail to the petitioner, who is accused in FIR No. 129 dated 4.6.2009, registered under Sections 363, 366, 376 IPC, Police Station, Sadar, Tohana, District Fatehabad. He is in custody since 6.6.2009. The allegations in the FIR are that the prosecutrix was kidnapped by the petitioner on a motor cycle. She was taken to a place through the village at a distance of about 10 kilometers, where she was raped and thereafter the petitioner took her on motor cycle to Dera Sacha Sauda, Sirsa, i.e., about 50 kilometers where the prosecutrix remained for 4-5 days and when she contacted her family, she was brought back and the FIR in question was registered. Learned counsel for the petitioner submitted that the petitioner in the present case has been falsely implicated. In fact, as per the initial statement of the father of the prosecutrix, she was not mentally stable. It is humanly not possible to kidnap an adult female single handedly on a motor cycle, as is sought to be made. Even as per her allegation, she was taken on a motor cycle, firstly to a distance of 10 kilometers and then to a distance of 50 kilometers on a busy road, but still no hue and cry was raised. Even at Dera Sacha Sauda, Sirsa, there is a Police Post, but no complaint was made by the prosecutrix. There is no medical evidence to support the allegation. Even the real brother of the prosecutrix has not supported the prosecution version in his statement recorded in the court. Criminal Misc. No. M-24818 of 2009 [2] On the other hand, learned counsel for the State submitted that considering the fact that it is a heinous crime against a woman, the petitioner does not deserve the concession of bail. After hearing learned counsel for the parties, I find it to be a fit case for grant of bail pending trial to the petitioner, considering the fact that even the brother of the prosecutrix has not supported the prosecution version in the court. Even the father of the prosecutrix initially stated that she was not mentally stable and the prosecutrix allegedly having travelled with the petitioner on a motor cycle and then having stayed at Dera Sacha Sauda, Sirsa for 4-5 days without intimating the alleged incident to any body. Accordingly, it is directed that pending trial the petitioner shall be released on bail on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Fatehabad. The petition stands disposed of. (Rajesh Bindal) Judge 19.11.2009 mk