Cr.Misc. NO.m 31645 OF 2008 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO.M 31645 OF 2008 DATE OF DECISION : 25.2.2009 Khurshid ......PETITIONER VERSUS State of Haryana ......RESPONDENTS PRESENT: Mr. Satish Chaudhary,Advocate Mr. SS Goripuria, DAG, Hry M.M.S.BEDI,J. The petitioner seeks the concession of regular bail in a case registered at the instance of Ramjani alleging that Islam, Khurshid, Hakam and Kamal are responsible for the rape of her daughter Afsana as the said persons had taken away her daughter when she had gone out to ease herself. The case of the complainant is that when the matter was complained to the members of the family of the accused, they had given beatings. Jamaludin, Akhtar, Kheru and Nisha had received injuries in that incident. Learned counsel for the petitioner has referred to an FIR No. 165 dated 6.11.2007, which has been registered on the statement of Nooru alleging that on 5.11.2007 when his nephew islam, Mujaid, Ashar Khan, akbar, Jamil, Sajid, Jannu, Zulfikar, Kassam, Ikram, Iqbal, Jamshed, Talim and Ajbal had attacked him and his brother Ashar Khan and Chander Khan, who had arrived on the spot. It has been further contended by the learned counsel that the petitioner has been involved in the present case Cr.Misc. NO.m 31645 OF 2008 2 of rape by the mother of the prosecutrix, who is related to the accused persons in the FIR, registered at the instance of Nooru. I have heard learned counsel for the petitioner as well as learned State counsel and gone through the record. The petitioner is alleged to have committed rape along with Khurshid with the help of Hakam and Kamal. Islam is stated to be a proclaimed offender. Hakam and Khurshid have already been granted the concession of bail. Without expression of any on merits of the case, it is sufficient to observe that the petitioner has been in custody since 8.11.2007 and no witness till date has been examined. There appears to be an enmity between the complainant party and the petitioner and his relations. The petitioner, in such circumstances, can be granted the concession of bail. The petition is allowed and the petitioner is ordered to be released on bail on furnishing bail bonds/surety bonds to the satisfaction of the trial Court. February 25 ,2009 ( M.M.S.BEDI ) TSM JUDGE