Crl. Misc. No. M- 597 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 597 of 2010 (O&M) Date of decision: April 21, 2010 Raghubir Singh ...Petitioner Versus State of Haryana ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. R.S. Sangwan, Advocate, for the petitioner. Ms. Shalini Attri, DAG, Haryana. GURDEV SINGH, J. Crl. Misc. No. 20452 of 2010 Crl. Misc. is allowed subject to all just exceptions. Main case Heard. Petitioner-Raghbir Singh son of Ram Sarup, has filed this petition under Section 439 of the Criminal Procedure Code, for releasing him on bail for the offences under Sections 376 (2), (G), 451 IPC and under Sections 3 and 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, in respect of which FIR No. 508 dated 21.5.2009 was registered at Police Station Sadar Hisar, District Hisar, and for which he is standing his trial before the Additional Sessions Judge, Hisar. The accusation against him is that he, alongwith his co-accused, took the prosecutrix inside of his house and committed rape on her. During the trial, the prosecution examined the prosecutrix as PW-4, who exonerated the Crl. Misc. No. M- 597 of 2010 2 present petitioner. She specifically stated that the petitioner was not the person who committed rape on her. According to the prosecution, this occurrence was witnessed by Pawan Kumar-complainant, who had caught both the accused red handed. That complainant was examined during the trial as PW-1. Even he stated that the petitioner never entered the house of the prosecutrix and that he did not commit any rape on her. Even other witnesses examined by the prosecution have already turned hostile. When such is the position, the petitioner is ordered to be released on bail to the satisfaction of the trial court. The petition is disposed of accordingly. April 21, 2010 (GURDEV SINGH ) prem JUDGE