CRM-M 24701 of 2009 1 In the High Court for the States of Punjab and Haryana at Chandigarh. CRM-M 24701 of 2009 Decided on Sept 09,2009. Rubi alias Pardeep and others -- Petitioners vs. State of Punjab --Respondent. CORAM:HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Naveen Batra,Advocate, for the petitioners Mr.Satbir Rathore,Advocate, for the complainant. Rakesh Kumar Jain, J: The petitioner has applied for anticipatory bail under Section 438 Cr.P.C. in case FIR No.59 dated 08.6.2009, registered under Sections 376/511 IPC, at Police Station, Dasuya, District Hoshiarpur. The aforesaid FIR has been registered on the complaint of Jyoti daughter of Darshan Singh, who has stated that on 03.6.2009, while she was going to her uncle's house at about 12 p.m. in the after noon, the petitioners forcibly abducted her, covered her mouth with her chunni and took her to the back yard of cattle shed of petitioner No.1 where he (petitioner No.1) caught hold her arms and petitioner Nos. 2 and 3 broke open the string of her salwar. When they tried to CRM-M 24701 of 2009 2 rape her, then her mother came at the spot for looking after for her, she raised an alarm, on which all the three petitioners ran away from the spot leaving her in naked condition. In the scuffle, her shirt and salwar were also torn. Before coming to this Court, the petitioners had applied for anticipatory bail before the Court below which was dismissed by learned Addl. Sessions Judge, Hoshiarpur, on 27.8.2009. Learned counsel for the petitioners has argued that there is no medical evidence on record till today as the complainant has not been medicolegally examined. Therefore, the question of attempt to rape does not arise. After hearing the learned counsel for the parties and keeping in view the facts and circumstances of the case in which the petitioners had forcibly abducted the complainant and took her to a cattle shed of their house with the intention to commit rape upon her and in that process, even tore off her clothes, I do not find it to be fit case for grant of anticipatory bail. Hence this petition is hereby dismissed. However, it is made clear that nothing observed in this order shall be taken to be an expression of opinion on merit of the case. Sept 09,2009 (Rakesh Kumar Jain) RR Judge