CRM No. M- 33927 of 2008 1 In the High Court of Punjab and Haryana at Chandigarh CRM No. M- 33927 of 2008 Decided on:- 29.1.2009 Asha .....Petitioner Versus State of Haryana .....Respondent Coram Hon'ble Mr. Justice K. C. Puri Present Mr. R. D. Gupta, Advocate for the petitioner. Mr. Ashok Kumar Jinda, AAG, Haryana. K. C. Puri,J (Oral) This is a petition under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR no. 93 dated 12.7.2008, under Sections 363, 366, 376, 120 B IPC, registered with police of Police Station, Pinjore, District Panchkula, Haryana. As per allegations made in the FIR, Dharambir, father of the prosecutrix has stated that his daughter was working in Birla Factory at Baddi. Asha and Basanti were also working in that factory. Both these girls live in village Rampur Seuri. Asha and Basanti took his daughter somewhere with them and she has not returned. Asha returned after two days but Basanti had not returned. Thereafter, statement of prosecutrix under Section 161 Cr. P. C was recorded in which she has stated that Asha and Basanti were working with her in Birla Factory at Baddi. She had developed a relation with Shyambir which continued for one and half year and a week prior she took a leave from the factory. In the meantime, Basanti called for Shyambir and on 3.4.2008, prosecutrix alongwith Basanti took to Haridwar where she was subjected to rape by Shyambir. However, in testimony under Section 164 Cr. P. C before Judicial Magistrate Ist Class, prosecutrix stated that on 3.4.2008 Basanti and Asha came there and told her that payment is to be taken from the factory. Both of them took her to bus stand. Thereafter, Basanti and prosecutrix boarded Auto Rickshaw where Asha was also present. CRM No. M- 33927 of 2008 2 In the statement under Section 161 Cr. P. C, there is no allegation against the petitioner. The petitioner is a lady and is in custody since 5.11.2008. So, without commenting on the merits of the case, I accept the bail application of the petitioner. Bail to the satisfaction of Chief Judicial Magistrate, Panchkula. January 29, 2009 ( K. C. Puri ) mamta Judge