IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-10346 of 2010 Date of Decision: April 07, 2010 Jaskaran Singh @ Jassi .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. J.S. Gharuan, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No.117 dated 30.10.2009 under Sections 376, 450, 506 IPC registered with Police Station, Sadar, Kotkapura. Allegations against the petitioner are very serious to the effect that on seeing the prosecutrix alone, the petitioner who is a neighbour; serves in the Army; and had come on leave, scaled the wall of house of the prosecutrix. While the prosecutrix was sitting in Crl. Misc. No. M-10346 of 2010 [2] the room, her arms were held forcibly and rape was committed. Learned counsel for the petitioner has argued that petitioner was present in the Akhand Path. While considering the prayer for bail under Section 439 Cr.P.C., the defence that is yet to come before the Trial Court cannot be considered. No ground for bail under Section 439 Cr.P.C. is made out in view of gravity of offence. The petition is dismissed. (AJAI LAMBA) April 07, 2010 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?