IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-32033 of 2011 Date of decision : December 21, 2011 Amarjit Singh and another ....Petitioners versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Vivek Goel, Advocate, for the petitioners Mr. RS Rawat, Assistant Advocate General, Punjab L.N. Mittal, J. (Oral) Accused Amarjit Singh and Gopal Krishan @ Pali have filed this petition for bail in case FIR No. 323 dated 2.8.2010 under sections 376, 342, 506 IPC, registered at Police Station Division No. 5, Civil Lines, Ludhiana. I have heard learned counsel for the parties and perused the case file. According to the prosecution version, both the accused committed rape on the prosecutrix. Learned counsel for the petitioners contended that the petitioners are in custody since 3.8.2010 i.e. for more than one year four months. It was also contended that the prosecutrix is not traceable for the last one year whereas her parents and sister have appeared as witnesses and have turned hostile. Criminal Misc. No. M-32033 of 2011 -2- Learned State counsel, on instructions from HC Nirmal Singh conceded that the prosecutrix is presently not traceable. However, the prosecutrix herself lodged FIR alleging that both the accused committed forcible sexual intercourse with her after confining her in a room and then criminally intimidated her. Keeping in view the direct allegations of rape against the petitioners, but without meaning to express any opinion on merits of the case, the petitioners do not deserve to be released on bail. Dismissed. Since the petitioners are already in custody for more than one year four months, the trial court is directed to dispose of the case expeditiously. ( L.N. Mittal ) December 21, 2011 Judge 'dalbir'