Crl.M.No.M- 19043 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M.No.M- 19043 of 2010 (O&M) Date of decision: 7.7.2010 Raj Kumar @ Raju .........Petitioner v State of Haryana .........Respondent. Coram: Hon'ble Mr.Justice Jaswant Singh Present:- Mr.Rajesh Lamba,Advocate for the petitioner Jaswant Singh,J.(Oral) Crl.M.No.33619 of 2010 seeking exemption to file certified copies of Annexures is allowed. Crl.M.No.M-19043 of 2010 Present petition under Section 439 Cr.PC has been filed for regular bail in case FIR no.193 dated 7.6.2010 under Sections 376(G),506 IPC, registered at PS Sadar Fatehabad. Learned counsel for the petitioner submits that the prosecutrix is 22 years old and the allegations in the FIR do not constitute any offence as it is evident that she had accompanied the petitioner accused of her own sweet will. It is thus contended that she was a consenting party. It is further submitted that the matter between the parties has been compromised and translated version of the affidavit dated 28.6.2010 of the prosecutrix is appended as Annexure P1. Petitioner is stated to be in custody since 7.6.2010. Crl.M.No.M- 19043 of 2010 (O&M) 2 Notice of motion. Mr.Mahabir Singh Sindhu,Addl.AG Haryana, who is present in Court accepts notice on behalf of respondent -State of Haryana, whereas Mr.Prashant Bhardwaj,Advocate, accepts notice on behalf of complainant. Complainant-prosecutrix is also present in Court and has been identified by her counsel. It is stated by her that the complaint had been made due to some mis-understanding and at the asking of the villagers and she does not wish to take any further action against the alleged accused persons. She has produced her original affidavit dated 28.6.2010 in Court today, which is taken on record as Mark A. In view of the said developments in the case which is at the investigating stage, learned State counsel does not seriously contest the prayer. Thus, in the light of the complainant-prosecutrix not supporting the case of the prosecution, no useful purpose would be served by keeping the accused petitioner in custody. Accordingly, the present petition is allowed and the petitioner is directed to be released on bail subject to the satisfaction of CJM/Duty Magistrate, Fatehabad. 7.7.2010 (Jaswant Singh) joshi Judge