In the Punjab and Haryana High Court, at Chandigarh. CRM-M- 10768 of 2011 Decided on July 18,2011 Sunny @ Dani -- Petitioner vs. State of Punjab --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Arun Takhi,Advocate, for the petitioner. Mr.A.S.Rai,DAG, Punjab. Rakesh Kumar Jain,J:(Oral) This is a petition for regular bail pending trial under Section 439 of Code of Criminal Procedure,1973 (for short,'Cr.P.C.') in a case registered vide FIR No. 103 dated 04.4.2009 under Sections 363,366,506 and offences 376/120-B of the IPC added later on at Police Station Hoshiarpur. Learned counsel for the petitioner submits that the main accused in this case is Nand Lal alias Billa Gujjar. He further submits that the prosecutrix in her statement recorded under Section 164 of the Cr.P.C has not alleged that the petitioner had committed rape with her. In reply, learned counsel for the respondent submits that the petitioner was present at the time when Billa Gujjar (main accused) had raped the prosecutrix but he has admitted that he did not rape her. Learned counsel further submits that in a similar circumstances, Ajay alias Bittu, Pawan Kumar, Narinder Kumar and Bhag Singh son of Mehar Singh have been granted bail by this Court vide CRM-M- 18590 and 18591 CRM-M10768 of 2011 -2- of 2009. Keeping in view the facts and circumstances of this case specially the fact that the prosecutrix in her statement recorded under Section 164 of the Cr.P.C.has not uttered a word against the present petitioner about the rape having been committed by him,without observing anything on the merits of the case, I find it to be a fit case for grant of bail to the petitioner. Hence, the present petition is allowed and the petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of CJM/Duty Magistrate, Hoshiarpur. July 18,2011 (Rakesh Kumar Jain) RR Judge