HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM No.M-10812 of 2011 (O&M) Date of Decision: 19.05.2011 **** Illi . . . . Petitioner VS. State of Haryana . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Rajesh Lamba, Advocate for the petitioner Mr. HS Deol, Addl. AG Haryana **** SURYA KANT J. (ORAL) (1). The petitioner seeks his enlargement on regular bail in the case FIR No.103 dated 06.03.2010 under Sections 376/342/323/506/120-B, 34 IPC read with Section 25 of the Arms Act registered at PS Sector 55, District Faridabad. (2). The above-stated FIR has been registered by Rashmina w/o Jamshed alleging that on 18.02.2010 she went to the house of Jubeda which is in front of her husband’s house. The petitioner allegedly sent Jubeda on the pretext of bringing water and thereafter the petitioner pulled the complainant by her hair and dragged her inside the room where she was allegedly raped by Mukki. It is further alleged that the petitioner, Nakhar, Najju and Jubeda helped Mukki in committing rape with her. (3). It is an admitted fact that the other co-accused Nakhar, Najju and Jubeda have been granted pre-arrest bail by this Court. As per the allegations the petitioner did not commit the rape and it was his nephew Mukki who is said to have ravished the complainant. (4). The petitioner was arrested on 17.12.2010 and is in custody since then. (5). Learned counsel for the petitioner relies upon an affidavit (Annexure P2) allegedly given by the complainant- prosecutrix, in his favour, however, its evidentiary value need not be considered at this stage. (6). Learned State counsel, on instructions states the investigation in the case is complete and challan has already been presented. (7). Taking into consideration the totality of the circumstances and the fact that the conclusion of the trial will take some time, the present petition is allowed and the petitioner is directed to be released on regular bail on his furnishing bail bonds and surety bonds to the satisfaction of the trial court. (8). Dasti . 19.05.2011 vishal shonkar (S u r y a K a n t) Judge