IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-33159 of 2008 Date of Decision: December 17, 2008 Balwant Singh .....PETITIONER(S) VERSUS State of Haryana .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. G.S. Hooda, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 439 Cr.P.C. for grant of bail to the petitioner(s) in case FIR No.480 dated 9.7.2008 lodged for commission of offence punishable under Section(s) 376(g), 342 IPC with Police Station, City Sirsa. Learned counsel contends that the only allegation against the petitioner is that he caught hold of the prosecutrix while co-accused committed the offence. The other contention is that medico legal report does not support the case that offence of rape was committed. I have considered the contention of the learned counsel. On perusal of the FIR, it is made out that Crl. Misc. No. M-33159 of 2008 [2] while prosecutrix (aged 14 years) was going home, the tenant’s son namely Pardeep and his relative Balwant Singh (petitioner) were standing there. The prosecutrix was taken forcibly inside. While the petitioner caught hold of hands of the prosecutrix, Pardeep committed the offence. The medico legal report cannot be considered as sufficient ground for grant of bail in the facts and circumstances of the case. No ground for bail is made out. The petition is dismissed. (AJAI LAMBA) December 17, 2008 JUDGE avin