IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.21879-M of 2008 DATE OF DECISION : SEPTEMBER 17, 2008 SANDEEP SINGH ALIAS SEEPA ....... PETITIONER(S) VERSUS STATE OF PUNJAB .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mrs. JK Gurna, Advocate, for the petitioner(s). Mr. KS Sidhu, DAG, Punjab. AJAI LAMBA, J. (Oral) While issuing notice of motion, the following has been noticed in order dated 28.8.2008:- “This petition has been filed under Section 439 Cr.P.C. for bail to the petitioner in case FIR No.267 dated 7.11.2007, lodged for commission of offences under Section(s) 363, 366, 366-A and 376 IPC, with Police Station, Jaito, District Faridkot. Contention of learned counsel for the petitioner is that the petitioner has been in jail since January 2008. The prosecutrix had admitted in her evidence on oath as PW-1 that she had gone of her own will with the petitioner and wanted to marry the petitioner. In this regard, reference has been made to Annexure P-1. In cross examination, the prosecutrix states that “I had gone with the accused of my own. Accused did not ask me to do anything against my wishes”. Further that “I used to Criminal Misc.21879-M of 2008 2 write letters to the accused”. In the concluding portion, the prosecutrix has clearly stated that “I wanted to marry with the accused. Parents of the accused refused to marry him with me and then we got the case registered”. In the context of the statement, learned counsel contends that age is the only factor that would bring the case within the ambit of rape.” Learned counsel for the respondent-State has not disputed the fact that the prosecutrix in her statement, in court, has stated that she had gone of her own will and the accused had not asked her to do anything against her wishes. Further, the prosecutrix wanted to marry the accused, however, the parents of the accused refused to marry him with her. Considering the totality of facts and circumstances of the case as also the fact that the petitioner is in custody since January, 2008, and the conclusion of trial is likely to take long time, this petition is allowed. Bail to the satisfaction of CJM, Faridkot. September 17, 2008 ( AJAI LAMBA ) Kang JUDGE