AB 2454/2011 BEFORE HON’BLE MR JUSTICE B D AGARWAL Heard Mr. BK Mahajan, learned senior counsel for the petitioners. Also heard Mr. BS Sinha, learned Addl.P.P. for the State. This application under section 438 of the Cr.P.C. has been filed by accused peti tioners namely, Md. Azizar Rahman, Md. Joynal Abedin and Md. Anowar Hussain seek ing pre-arrest bail apprehending their arrest in connection with Chapor Police Station Case No. 209 of 2011 under section 376/313/448/427/323/384/109 of the I ndian Penal Code . I have also perused the case diary. The prosecution case is that the accused subjected informant’s niece to illicit sexual intercourse which resulted to her pregnancy. It is the further case of the prosecution that pregnancy was subsequently aborte d and in that connection there was marpit. Mr. Mahajan submitted that the FIR has been lodged as a counter to the FIR lodge d by the accused person on the earlier date which has been registered as Chapor P.S. Case No.208 of 2011. In view of the counter cases, there may be little exaggeration. However, from th e evidence collected by the I.O. so far, it reveals that the victim girl was wor king as a maid servant in the house of the accused person and petitioner No.2 Jo ynal Abedin committed sexual intercourse. As per the prosecution story, the pregnancy was subsequently aborted. However, medical evidence is lacking in this regard. However the victim girl and one other witness has specifically spok en about the sexual ravishness of the girl. Accordingly, bail prayer of petitio ner No. 2 , Md. Joynal Abedin is rejected. However, the interim bail granted to the petitioner No.1, Md. Azizar Rahman and petitioner No.3 Md. Anowar Hussain on 12.08.2011 is hereby made absolute. The petitioner Nos. 1 and 3 are directed to appear before the I.O. within a week from today and they shall co-operate in the investigation of the case.