IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-8288 of 2009 Date of decision : August 03, 2009 Rishi Kumar ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Sat Narain Yadav, Advocate, for the petitioner Mr. Sidharth Sarup, AAG, Haryana L.N. Mittal, J. (Oral) Rishi Kumar has filed this petition for bail in case FIR No. 306 dated 7.11.2008 under sections 363, 366, 376(2) (G), 506 IPC, Police Station Ambala City, District Ambala. According to the prosecution version, Rakesh and his three friends forcibly abducted the prosecutrix from Ambala on 5.11.2008 at about 8.30 AM and made her un-conscious by putting some handkerchief on her mouth. She found herself naked at cot in a room when she regained consciousness. She was raped there by Rakesh and his three friends turn by turn. She was again made unconscious. She was then left at Bus Stand Panipat. FIR was lodged on 7.11.2008. I have heard learned counsel for the parties and perused the case file. Criminal Misc. No. M-8288 of 2009 -2- Learned counsel for the petitioner contended that although petitioner was classmate of the prosecutrix at the previous institute and therefore, the prosecutrix knew the petitioner by name yet the petitioner was not named in the FIR nor in supplementary statement recorded on 8.11.2008 nor in statement made by mother of the prosecutrix on 20.11.2008 and it was for the first time on 2.12.2008 i.e. after 25 days of the FIR that the prosecutrix for the first time in her statement under section 164 Cr.P.C. named the petitioner. It is further contended that the prosecutrix in her deposition before the trial court has turned completely hostile and has stated that she did not know anything about the case nor she knew accused persons present in the court nor they had abducted her nor they committed rape on her. Learned State counsel on instructions from ASI Brij Bhan does not controvert the aforesaid factual position. 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, Ambala. ( L.N. Mittal ) August 03, 2009 Judge 'dalbir'