Criminal Misc.-M No. 19839 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.-M No. 19839 of 2011 (O&M) Date of decision: 8.11.2011 Victor alias Ajay Francis .. Petitioner Vs. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. M. K. Dogra, Advocate for the petitioner. Mr. K. S. Pannu, Deputy Advocate General, Punjab. ... Rajesh Bindal J. Prayer in the present petition is for grant of bail pending trial to the petitioner. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated for the reason that there is some matrimonial dispute of the petitioner with the sister of the complainant, who is his wife. Even otherwise, a perusal of the FIR shows that the complainant was about 19 years of age. She remained with the petitioner from 24.3.2011 till 1.4.2011. No complaint was made by the family of the complainant to the police regarding her being missing. Medico-legal examination was conducted on 2.4.2011. The allegation is that the petitioner had committed rape. It is not alleged in the FIR that the complainant had been detained any where under force. The only allegation is that the petitioner had been assuring the complainant to marry her. The petitioner is in custody since 2.4.2011. Even no mark of injury was found on any part of the body of the complainant. On the other hand, learned counsel for the State submitted that in the chemical examiner's report, spermatozoa were detected in lower vagina and introitus, which established that rape was committed. The offence being serious, the petitioner does not deserve concession of bail. Criminal Misc.-M No. 19839 of 2011 [2] After hearing learned counsel for the parties and considering the age of the complainant and also that she remained with the petitioner for one week; there was no complaint made by the family of the complainant regarding her being missing, as she is stated to be a student doing computer course from ITI at Amritsar and even in the medico-legal report, no mark of injury was found on any part of her body, in my opinion, the petitioner deserves concession of bail pending trial. He is directed to be released on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Amritsar. The petition stands disposed of. (Rajesh Bindal) Judge 8.11.2011 mk