IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-4173 of 2009 Date of Decision: March 20, 2009 Balwinder Singh .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Avtar S. Khinda, Advocate, for the petitioner. Mr. H.S. Brar, Deputy Advocate General, Punjab. . . . AJAI LAMBA, J (Oral) This is 3rd petition filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.55 dated 6.6.2007, under Sections 376, 380, 34 IPC, Police Station, Chamkaur Sahib, District Ropar. Learned counsel for the petitioner states that reference to the statement of the prosecutrix would indicate that the prosecutrix was a consenting party. Learned counsel, however, states that co-accused has been allowed bail. I have considered the contention made by the learned counsel for the parties. Statement of the prosecutrix, who was Crl. Misc. No. M-4173 of 2009 [2] examined as PW-5, has been placed on record as Annexure P-2. In examination-in-chief, the name of the petitioner has been clearly mentioned with the allegation that he alongwith others had committed rape on the prosecutrix. In view of the above, I find no ground to grant the concession of bail to the petitioner. The petition is dismissed. (AJAI LAMBA) March 20, 2009 JUDGE avin