IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM M-10769 of 2011 Date of Decision: 5.7.2011 Asha ..Petitioner. Vs. State of Haryana ..Respondent. CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI Present : Mr.K.S.Malik-I, Advocate for the petitioner. Ms.Sushma Chopra, Addl.AG Haryana for the respondent. M.M.S.Bedi, J.(Oral) The petitioner is a lady and is alleged to have indulged in immoral activity by handing over the prosecutrix to Bala on receipt of sum of Rs.3000/-. Bala is alleged to have handed over the prosecutrix to the main accused Vinod and Sunil, who had allegedly committed rape with the prosecutrix. The petitioner being a lady has facilitated the commission of offence of rape. Following the judgment of the Apex Court in State of Rajasthan Vs. Hem Raj and another AIR 2009 2644, deeming fiction cannot be said to be invoked in the case of rape, therefore, the petitioner can be granted concession of bail in this case. Accordingly, the petition is allowed. The petitioner is ordered to be released on bail on her furnishing bail bonds for a sum of Rs.30,000/- with one surety to the satisfaction of trial court subject to an additional condition that the petitioner will not indulge in a similar activity of which she is accused in the present case. In case the petitioner indulges in such - 2 - activity, it will be open to the prosecution agency to seek cancellation of bail. ( M.M.S.Bedi ) 5.7.2011 Judge Meenu