IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-2999 of 2009 Date of decision : 06-02-2009 Harmesh Singh ....Petitioner VERSUS State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. S.S. Rangi, Advocate, for the petitioner. Mr. Anter Singh Brar, DAG, Punjab. KANWALJIT SINGH AHLUWALIA, J. (Oral) This petition has been filed u/s 438 Cr.P.C. seeking pre arrest bail in case FIR No.463, dated 29-12-2008, registered at Police Station Division No.6, Ludhiana under Sections 363, 366, 506, 372, 342 IPC. Counsel for the petitioner has stated that as per the FIR, Kajal had left her house on 22-11-2008 and the complaint has been lodged after 29-12-2008. Counsel submit that delay of 37 days in lodging the complaint will show that the parents have made a false statement. Counsel has further relied upon undated, unattested statement Annexure P-5 which according to him was recorded by some ASI whose name is not known. A perusal of that statement will show that earlier also there was a dispute between Kajal and her parents and compromise was effected at the instance of the petitioner who is employer. A statement of Kajal u/s 164 Cr.P.C. has been recorded by the Investigating Officer in which she has stated that she was sexually exploited against her consent by the petitioner who was employer. It has been further stated on 22-11-2008, Harmesh Singh met the prosecutrix at Model Town, Ludhiana where he took her to a rented room and sexually exploited her which amount to rape. Investigation is at the initial stage. Custodial interrogation of the petitioner is required. Crl. Misc. No.M-2999 of 2009 -2- Counsel for the petitioner submit that petitioner is a happily married man having a child. Therefore he cannot commit offence of rape. No merit. Dismissed. (KANWALJIT SINGH AHLUWALIA) 6-2-2009 JUDGE manju