Crl. Misc. No. M-30138 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-30138 of 2011 Date of Decision: December 5, 2011 Rinku …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.A.S. Bhatti, Advocate for the petitioner. Mr. Kirat Singh Sidhu, DAG, Punjab. -.- M.M.S. BEDI, J. (ORAL) Petitioner has been in custody w.e.f. August 14, 2010 in a case which was registered at the instance of prosecutrix Roshni Sharma alleging that she has been raped by the petitioner. Counsel for the petitioner submits that the occurrence is alleged to have taken place on August 7, 2010. The statement of the prosecutrix was recorded on August 9, 2010. On August 11, 2010, she was medico legally examined. Later on, she allegedly made a supplementary Crl. Misc. No. M-30138 of 2011 [2] statement on August 13, 2010 that she had levelled allegations of rape under pressure but as a matter of fact an attempt has been made to rape her. The said statement has been placed on record as annexure P-2. It has been informed that father of the prosecutrix has appeared as PW1 and did not support the story of prosecution. He has stated in his examination-in-chief that his daughter had been raped by unknown persons on August 7, 2010. It has been argued by counsel for the petitioner that the prosecutrix is not intentionally appearing in the court and is evading deposition. Taking into consideration the totality of the circumstances, it appears that the personal liberty of the petitioner is being prejudiced on account of delay being caused by the prosecutrix to appear in the Court. In the interest of justice, this petition is disposed of with a direction that in case the prosecutrix does not appear before the trial Court on next date of hearing i.e. on December 19, 2011 or within a period of three months thereafter, the trial Court will grant bail to the petitioner after March 21, 2012. Prosecution agency shall make earnest endeavour to produce the prosecutrix. December 5, 2011 (M.M.S.BEDI) sanjay JUDGE