Crl. Misc. No.M-31527 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-31527 of 2010 Date of Decision: September 5, 2011 Gurpreet Singh @ Gopy …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.P.S. Ahluwalia, Advocate for the petitioner. Mr. Arshvinder Singh, Addl.A.G., Punjab. Mr.Jagjit Singh, Advocate for the complainant. -.- M.M.S. BEDI, J. (ORAL) Petitioner seeks the concession of regular bail in a case registered at the instance of complainant- Suman alleging that on April 30, 2010, the petitioner trespassed her house when she was alone and made an attempt to commit rape by breaking the string of her salwar. On resistance being offered, the petitioner allegedly gave a knife blow in her abdomen resulting in an injury 31.5 cm x 4 cm x 2 cm deep. Crl. Misc. No.M-31527 of 2010 [2] In the affidavit filed by DSP Sub Division, Kapurthala, it has been deposed that during investigation, the enquiry was conducted by the DSP Sub Division, Kapurthala and he has found that no offence under Section 307 IPC is made out as such challan under Sections 452, 376, 511, 324, 506 IPC was presented in the Court. After the challan was committed to the Sessions Court and charge having been framed on August 3, 2010, the order dated December 14, 2010 was received from Punjab State Scheduled Caste Commission, Chandigarh vide memo dated December 16, 2010 to add offence under Section 3 (1) (2) of the Scheduled Castes and Scheduled Tribes Act, after the statements of three witnesses and complainant had been recorded (partly). Counsel for the petitioner, on the directions of this Court has placed on record the surgical notes and has also made available the statement of Doctor. A perusal of statements of doctors PW1 and PW2 indicate that the injury with sharp edged weapon was declared to be simple in nature after x-ray and ultra sound. State counsel, has on the measurement of the injury submits that the measurement will indicate that injury is a grievous injury. Counsel for the complainant has also intervened to submit that the intention of the petition is to be seen and not the nature of the injury to grant the concession of bail. I have taken into consideration the facts and circumstances of the case. Prima facie from the medical evidence produced the injury Crl. Misc. No.M-31527 of 2010 [3] attributed to the petitioner has been declared to be a simple injury by two doctors. There are allegations against the petitioner of attempt to rape. Without expression of any opinion on merits of the case, it is sufficient to observe that the petitioner has been in custody w.e.f. May 4, 2010. The prosecutrix and other material witnesses have already been examined. Chances of tampering with the evidence are remote. The medical evidence including surgical notes indicating the injury attributed to the petitioner being simple; the petitioner can be granted the concession of bail. Petition is allowed. Petitioner is ordered to be released on bail on his furnishing bail bonds/ surety bonds to the satisfaction of the trial Court. September 5, 2011 (M.M.S.BEDI) sanjay JUDGE