Crl. Misc. No.M-27478 of 2010 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on: September 17, 2010. Crl. Misc. No.M-27478 of 2010 (O&M) . Gaurav and another. .. Petitioners VERSUS State of Punjab. . Respondent *** CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.Vaibhav Narang, Advocate, for the petitioners. *** M.M.S. BEDI, J. Petitioners seek the concession of pre-arrest bail in a case registered at the instance of prosecutrix alleging that both the petitioners had made an attempt to rape her by taking her to the house of petitioner No.1 which is in neighbourhood of the house of the prosecutrix. Counsel for the petitioners submits that the prosecutrix has furnished an affidavit Annexure P-1, wherein she has deposed on oath that the FIR had been registered under mistaken notion and that the petitioner have got no concern with the . . . 1 Crl. Misc. No.M-27478 of 2010 (O&M) commission of alleged offence as mentioned in the FIR. I have considered the facts and circumstances of this case. It is apparent from all the circumstances that the prosecutrix being living in the neighbourhood and the family members having known each other for long, the liberty of the petitioners has been misused to tamper with the evidence. Even if it is presumed that the allegations under Section 376 read with Section 511 IPC are not made out, the other contents of the FIR did not make out a case warranting the grant of pre-arrest bail to the petitioners. Since the matter appears to have been amicably compromised, the only concession which can be given to the petitioners is that the petitioners will surrender before the Ilaqua Magistrate on 01.10.2010, and move an application for bail before the appropriate Court. The said Court will allow the application of bail after issuing notice to the State on or before 07.10.2010. The above concession has been given to the petitioners without expression of any opinion on merits but taking into consideration the magnanimity which has been shown by the prosecutrix and her family members towards the petitioners. Disposed of. (M.M.S.BEDI) JUDGE September 17, 2010. rka . . . 2