In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-7423 of 2009(O&M) Date of Decision:May 27, 2009 Harju and another ---Petitioners versus State of Haryana ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. Satish Chaudhary,Advocate, for the petitioners Mr. Sidharth Sarup, AAG, Haryana *** SABINA, J. Petitioners have filed this petition under Section 439 of the Code of Criminal Procedure (herein after referred to as 'Cr.P.C.)seeking regular bail in FIR No. 112 dated 18.4.2008 under Sections 366, 376(G), 506 of the Indian Penal Code and Section 25 of the Arms Act registered at Police Station Punhana District Mewat. Prosecution story in brief is that the complainant/prosecutrix was taken away on 26.12.2007 at mid night by Khurshid and Illyas on the pretext that her husband had met with an accident. Thereafter, petitioners and other co-accused also joined them. Thereafter, she was raped by petitioners and their co-accused.. On 5.4.2009, prosecutrix/complainant made a complaint to the police Station, Punhana. Thereafter, the FIR, in question was registered. Crl. Misc. No. M-7423 of 2009(O&M) -2- Learned counsel for the petitioners has submitted that the prosecutrix was the wife of petitioner No. 1 and in this regard learned cousnel has placed reliance on agreement Annexure P-1. Learned State counsel on the other hand, has submitted that prosecutrix was abducted on 26.12.2007 whereas the alleged agreement was dated 28.12.2007. It is case of gang rape. Keeping in view the seriousness of the offence alleged to have been committed by the petitioners, no ground for grant of bail is made out. There is also force in the submission made by learned state counsel that the prosecutrix was abducted on 26.12.2007 whereas agreement (Annexure P-1) was prepared on 28.12.2007. Hence, at this stage, no reliance can be placed on the same. The genuineness of the same would be seen at the time of trial. Accordingly, without expressing any opinion on the merits of this case, this petition is dismissed. (SABINA) JUDGE May 27, 2009 PARAMJIT