IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-11389 of 2010 Date of decision : 6.7.2010 Ranjeet Singh @ Karare …. Petitioner Versus State of Haryana …. Respondent Present : Mr. Gaurav Jain, Advocate for the petitioner. Mr. K.C. Gupta, Sr. DAG, Haryana. *** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him on 7.2.2010 for the offences under Sections 392, 366, 376, 511, 354, 356, 342, 323, 506/34 IPC. The FIR in the case has been registered on the statement of prosecutrix. It is alleged by the complainant that due to construction work at her home she went to her younger sister Antu at Auchandi Border, Delhi to bring Rs.1 lac which had already been decided. There, her brother-in-law (Jija) namely Karara (petitioner) was also present. After taking money, the petitioner brought the prosecutrix to Bahadurgarh where she (prosecutrix) met her sister Babli (co-accused) wife of Karare (petitioner). Thereafter, the Crl. Misc. No. M-11389 of 2010 [2] prosecutrix after meeting her Bhabi, went to bus stand on a rickshaw. After sometime Karare (petitioner) came there and told her that he was going to Chhara and she would get late and he would drop her at Jhajjar. On the way, the petitioner took the prosecutrix to Chhara at his home and told her that he would drop her to Mahendergarh. The prosecutrix was alone there and at night she could not find any transportation to go. After reaching the house of the petitioner at Chhara, the prosecutrix told the petitioner that it was getting late. He (petitioner) then took her in his car. After going some distance from the village, he turned the car towards a pond and took the car to the field. The petitioner told the prosecutrix that the journey was long and the car had heated up and it had to be repaired. He opened the bonnet of the car and called the mechanic on the phone and told the prosecutrix that within half an hour mechanic would come. The place, where the car of the petitioner was stopped, was lonely and the prosecutrix after analyzing the situation called her sister Antu and her brother Deepu and informed them about the mis-happening. The petitioner started abusing the prosecutrix while she was calling. He showed her a danda and asked her to keep quite, otherwise she would be killed and thrown in the pond. In the meantime, the persons known to the prosecutrix called her and she asked them to save her. Thereafter, one person who was called Bhanja made the prosecutrix sit in the car and took the vehicle towards the forest where his friend was also in the car. The prosecutrix requested him to leave her at Chhara bus stand but they started abusing her and beat her. They bit her hands with their teeth and snatched her Nokia sim card which till the date of the application was in their custody. In order to save herself, Crl. Misc. No. M-11389 of 2010 [3] she stated that she was ready to sleep with the petitioner provided he sent the remaining people away. All of them were under the influence of liquor and went away after saying that they would come again. When the vehicle went at some distance, the prosecutrix somehow managed to escape from the petitioner and hid herself in the agriculture field. Thereafter, the vehicles came back. The prosecutrix by taking the advantage of darkness ran away towards hotel which was of one Dhole of Chhara village. The prosecutrix requested them to help her. In the meantime, two more Scorpio vehicle in which 7-8 people were sitting came there and asked the prosecutrix to come along with them to which the people of the hotel refused. Three-four truck drivers were also present there. The prosecutrix took the phone from the hotel and called Kale who was known to her and informed him where she was and asked him to take her away. They came and took the prosecutrix to her home. It was submitted by the prosecutrix that she had managed to save herself but the danger was not over. She went to the DSP on 5.2.2010 at 7.00 am but due to some official work, the DSP came to his office at 1.30 p.m. and she narrated the incident. The DSP informed her that conspiracy against her had started from Bahadurgarh. Therefore, the FIR would be registered at Police Station Bahadurgarh. The husband of the prosecutrix stated that the petitioner had called him and threatened that if he lodged the report then he would murder the complainant/prosecutrix. Therefore, the husband of the prosecutrix tried to make her understand that it was not correct to go at that time as she was alone and he would come the following day and thereafter he would lodge a complaint. The husband of the prosecutrix then came and the complaint was lodged on 7.2.2010. Crl. Misc. No. M-11389 of 2010 [4] The prosecutrix thereafter made a supplementary statement on 10.2.2010 in which she had leveled the allegations of attempt to rape. The medical examination of the prosecutrix was done on 12.2.2010. However, the prosecutrix did not state that there was an attempt to rape on her and neither she has been examined in this context as to whether there was any injury on her person which would suggest that there was an attempt to rape. The incident is of 4.2.2010 and the FIR has been registered on 7.2.2010. The supplementary statement of the prosecutrix is recorded on 10.2.2010. The petitioner was arrested on 4.3.2010 and since then he is in custody. The petitioner is the brother-in-law (Jija) of the prosecutrix. The sister of the petitioner namely Antu is married to the petitioner. The trial in the case is likely to take time. The case is fixed for framing charges on 13.8.2010. The prosecution is to establish its case by leading evidence. Keeping in view the fact that allegation of rape was not initially made and thereafter, allegation of attempt to rape was made which also is not supported by any medical evidence on record to prima facie show that the prosecutrix was subjected to rape, it would be just and expedient to grant the concession of bail. Accordingly, the Crl. Misc. petition is allowed and the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Jhajjar shall be admitted to bail. July 6, 2010 (S.S.SARON ) amit JUDGE