IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-10068 of 2009 Date of decision : July 14, 2009 Sukhdev Singh alias Laddi ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Vipin Mahajan, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Sukhdev Singh alias Laddi has filed this petition for bail in case FIR No.51 dated 29.4.2006 under sections 363, 366, 376, 343, 506, 120-B IPC, Police Station Sri Hargobindpur, Police District Batala, District Gurdaspur. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, the prosecutrix is aged 16 years. She went to see her mother in jail in March, 2006. From outside the jail, she was taken by her neighbour Kulwinder Singh and was raped. On 18.4.2006 also, the prosecutrix went to Central Jail, Gurdaspur to see her mother where the present petitioner Sukhdev Singh alias Laddi met her as petitioner's parental uncle was also lodged in jail. The petitioner expressed Criminal Misc. No. M-10068 of 2009 -2- his desire to marry the prosecutrix. On 19.4.2006, the petitioner called prosecutrix to come outside her village and then took her on motorcycle to Pathankot to his house. The petitioner raped her for three days on false promise of marriage. Thereafter she was sent in bus. However, instead of going home on account of fear of her father, she went to one Bimla Rani, where, on 26.4.2006, Kulwant Singh alias Bittu raped her. Learned counsel for the petitioner contends that the petitioner is in custody since 24.5.2006 i.e. for the last more than three years. It is also stated that the petitioner's both co-accused Kulwinder Singh and Kulwant Singh have since been released on bail. The prosecutrix has already been examined. The prosecutrix was aged 16 years at the time of occurrence. The aforesaid factual position is not controverted by learned State counsel after seeking instructions from ASI Daljit Singh. Keeping in view all the circumstances but without meaning to express any opinion on the merits, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Gurdaspur. ( L.N. Mittal ) July 14, 2009 Judge 'dalbir'