CRM-M-29717-2011 ::::::::: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-29717-2011 Date of Decision:09.11.2011 Nar Singh …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr. Ashwani Gaur, Advocate, for the petitioner. Mr. Sagar Deswal, AAG, Haryana. ***** RAKESH KUMAR JAIN, J (ORAL) This is a petition for grant of regular bail in a pending trial case registered vide FIR No.463 dated 09.06.2011, under Sections 376 and 450 of IPC at Police Station City, Hisar. As per the FIR, the petitioner is 51 years of age, whereas the prosecutrix is 42 years of age who is a widow and having 3 children. Her eldest daughter is married. She has alleged that she is the tenant of the petitioner who had raped her when she was alone at home and when she cried for help, her foster sister reached there and the petitioner ran away after pushing her aside. Learned counsel for the petitioner submits that the petitioner is in custody since 09.06.2011, whereas the challan in this case has already been presented. He also submits that even as per the MLR, there is no mark of injury on the person of the complainant which could suggest force having been used by the petitioner in the course of sexual intercourse. Learned State Counsel submits that the petitioner has been specifically named by the complainant in the commission of this heinous crime but at the same time, on instructions received from ASI Surajmal, it is submitted that the petitioner is the first offender as neither he is a previous convict nor any other case is pending against him. 1 CRM-M-29717-2011 ::::::::: After hearing both the learned counsel for the parties and keeping in view the facts and circumstances of the case, but without making any observation on the merits, the present petition is allowed. The petitioner is ordered to be released on bail on his furnishing bail bonds to the satisfaction of the learned Trial Court. (RAKESH KUMAR JAIN) NOVEMBER 09, 2011 JUDGE vinod* 2