Crl. Misc.No.M 20954 of 2010(O&M) #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc.No.M 20954 of 2010(O&M) Date of Decision:-16.08.2010 Beda Singh & Anr. ......Petitioners. Versus State of Haryana. ......Respondent. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Akshay Bhan, Advocate for Petitioners. Mr. Yash Pal Mallik, Deputy Advocate General Haryana. *** JASWANT SINGH, J.(ORAL) Crl. Misc.No.37045 of 2010 Application seeking exemption from filing the typed copy of Annexure P-1 and certified copies of Annexures P-1 to P-3 is allowed as prayed. Crl. Misc.No.37046 of 2010 Application allowed and Annexures P-1 to P-3 are taken on record. Crl. Misc.No.M 20954 of 2010(O&M) #2# Crl. Misc.No. M 20954 of 2010 Prayer is for grant of regular bail under section 439 Criminal Procedure Code on behalf of the petitioners Beda Singh and Satish in case bearing FIR No.102 dated 02.05.2010 under Sections 376-G, 379, 120-B of Indian Penal Code registered with police station Sadar Tohana, District Fatehabad. It is alleged that prosecutrix-Rita Devi, aged 45/46 years, along with her husband was taken on a motor cycle by Lala Ram son of Balwan to a kotha in the fields where after making the husband sit on one side, petitioners Beda Singh and Satish and two other, namely, Rajbir and Raju committed rape upon the prosecutrix. Petitioner- accused Satish is thereafter alleged to have dropped Rita and her husband at Narwana. Learned counsel for the petitioner submits that as per the story projected by the prosecution in the FIR the offence of rape is not made out. He further relies upon the affidavits of prosecutrix Rita and her husband Anadi Rai appended as Annexures P-2 and P-3 with this petition wherein they have stated that on account of a compromise between the parties they do not wish to prosecute the accused/petitioners. Learned State counsel on instructions from ASI Maya Ram submits that the petitioners were in custody since 2.5.2010 and the challan qua all the accused except one have been filed. In view of the fact the investigations are over, I find no valid ground to keep them in custody, as such the present petition is Crl. Misc.No.M 20954 of 2010(O&M) #3# allowed and petitioners are directed to be released on bail subject to satisfaction of the CJM/Duty Magistrate Fatehabad. ( JASWANT SINGH ) JUDGE 16th August, 2010 Vinay