CRM-M-17948 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-17948 of 2010 Date of decision: 07.01.2011 Neeraj Yadav ....Petitioner Versus State of Haryana ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. N.K. Sanghi, Advocate, for the petitioner. Ms. Preeti Chaudhary, AAG, Haryana. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) This is an application seeking regular bail under Section 439 of the Code of Criminal Procedure in case FIR No.143 dated 17.4.2010 under Sections 376, 506, 120-B of the Indian Penal Code at Police Station Model Town, Rewari. Learned counsel for the petitioner/accused has argued that prosecutrix has had sexual intercourse with the accused/petitioner without any pressure at her own free will and consent. He has further argued that merely because accused has refused to marry her shall not constitute offence of rape as definied under Section 375 of the Code of Criminal Procedure. Ms. Preeti Chaudhary, learned Assistant Advocate General, Haryana, on the instructions of Siri Bhagwan, S.I., who is present in CRM-M-17948 of 2010 -2- Court, argued that now statement of prosecutrix has already been recorded and blood sample of the accused has already been sent for DNA test to determine the paternity of the child delivered by the prosecutrix. Accused is in the judicial custody for about nine months. At this stage, in the opinion of this Court, accused shall not be in a position to tamper with the evidence. Let accused be released on bail to the satisfaction of the learned trial Court. (Alok Singh) Judge January 07, 2011 R.S.