IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-11111 of 2009 Date of decision : July 07, 2009 Rohit Kumar alias Kaka ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Jitender Singh Dadwal, Advocate for the petitioner Mr. Gaurav Garg Dhuriwala, AAG Punjab L.N. Mittal, J. (Oral) Rohit Kumar alias Kaka has filed this petition for bail in case FIR No. 209 dated 3.10.2008 under sections 365, 354, 120-B, 34 IPC later on added section 376 IPC Police Station Shimlapuri District Ludhiana. I have heard learned counsel for the parties and perused the case file. According to the FIR, petitioner's co-accused Harjinder Singh put handkerchief on the mouth of prosecutrix at about 2.00 AM at night while she was in sleep and she became unconscious. Harjinder Singh took her out of the house where the petitioner was present with a motorcycle. Both of them took the prosecutrix on the motorcycle to Railway Station, Ludhiana and outraged her modesty there. The occurrence took place on 29.9.2008 and FIR was registered on 3.10.2008. However, on 17.2.2009 i.e. after four and a half months, the prosecutrix made supplementary Criminal Misc. No. M-11111 of 2009 -2- statement that from her house she was taken to some house at village Sherpur where petitioner closed door and his co-accused Harjinder Singh committed rape. On this statement, offence under section 376 IPC was added. The petitioner was arrested on 4.10.2008 and was bailed out on 11.10.2008. However, after addition of offence under section 376 IPC, the petitioner was again arrested on 21.2.2009 and is in custody since then. Learned counsel for the petitioner contends that supplementary statement relating to offence under section 376 IPC has been made more than four and a half months after lodging of the FIR for which there is no explanation. It is also contended that the allegation of commission of rape is against the petitioner's co-accused and not against the petitioner. In view of the aforesaid but without meaning to express any opinion on the merits, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Ludhiana. ( L.N. Mittal ) July 07, 2009 Judge 'dalbir'