In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-4408 of 2009 Date of Decision:April 21, 2009 Karamveer Singh ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.Hamender Goswami,Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG,Punjab *** SABINA, J. Karamveer Singh-petitioner has filed this petition under Section 439 of the Code of Criminal Procedure (herein after referred to as 'Cr.P.C.) seeking regular bail in case FIR No. 152 dated 27.6.2008 under Sections 366/376/120-B of the Indian Penal Code registered at Police Station Salem Tabri, Ludhiana. On 24.6.2008 at about 6.35 p.m., Vicky-co accused took the prosecutrix on a motor cycle. Thereafter she was taken to Shimla Puri by Vicky and Bablu. There Vicky committed rape on the person of the prosecutrix. After some time petitioner came there in Tata 207,a four wheeler. All the three then took the prosecutrix to Sector-6 Karnal, where Crl. Misc. No. M-4408 of 2009 -2- Vicky co-accused again committed rape on the person of the prosecutrix. Learned counsel for the petitioner has submitted that the petitioner is in custody since 4.7.2008. Allegations of rape were levelled against co-accused-Vicky. Learned State counsel, on the other hand has opposed the bail petition. Keeping in view the fact that the petitioner is in custody since 4.7.2008 and the allegations of rape have been levelled against co-accused Vicky, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of Chief Judicial Magistrate, Ludhiana. (SABINA) JUDGE April 21, 2009 PARAMJIT