Cr.M.P.(M) No.698/2008 11.7.2008 Present: Mr.M.A.Khan, Advocate, for the petitioner. Mr.J.S.Guleria, Law Officer, for the respondent-State. This is an application, under section 438 of the Code of Criminal Procedure, filed by the petitioner for grant of pre-arrest bail. In brief, the prosecution case has been that the prosecutrix, after passing her matriculation examination had gone to seek admission in the next class in the Government Senior Secondary School, Mair. She returned back to her home and after taking meal in the evening retired to her room. Later she was not found there, then her father Om Parkash started searching for her. On 16.6.2008 when he was going to police post Deot Sidh to report the matter, he met Rattan Chand, Pradhan of Gram Panchayat Samtana and petitioner Jasbir Singh alias Jassu on the way. They informed him that the prosecutrix was seen at Sujanpur. Thereafter, Om Parkash went to Sujanpur but he did not find his daughter there. However, he was informed by the police in Sujanpur Police Station that his daughter is at Police Post Naudan. On reaching Naudan, he found his daughter there and brought her back to his village. On being asked, she informed her father that the petitioner had assured her to marry her and she was called to village Mair, from where she was taken to Naudan and Sujanpur in a vehicle, which was being driven by the friend of the petitioner Ajay Kumar, during this period she was allegedly gang raped by both of them. On this said Om Parkash lodged a report with the police of Police Station Barsar, on the basis of which a formal FIR under sections 363, 366 and 376 IPC was registered against the accused-petitioner. Pursuant to that FIR, police recorded the statement of the prosecutrix, wherein she imputed the allegation of rape upon the petitioner and Ajay Kumar but subsequently made another statement exonerating Ajay Kumar. Learned counsel for the petitioner has also placed on record a copy of statement of the prosecutrix, which was recorded in police post Barsar, wherein she did not impute any allegation of her kidnapping and committing rape by the petitioner, as alleged. In view of the above dilatory and contradictory statements, the petitioner has a case for bail. Accordingly, the petition is allowed and it is ordered that in the event of arrest of the petitioner, he shall be enlarged on bail, on his furnishing bail bonds in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the arresting officer and the bail shall be subject to the conditions that the petitioner shall: i) join the investigation as and required by the police for the purpose of interrogation; ii) not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. Needless to say that the petitioner shall not flout any of the conditions, mentioned above. In case he does so, liberty of bail shall be cancelled. Copy Dasti on usual charges. July 11, 2008 (Surinder Singh),J. (D)