In the Punjab and Haryana High Court, at Chandigarh. CRM-M- 22793 of 2011 (O&M) Decided on Sept 20,2011 Pankaj Kumar --Petitioner vs. State of Punjab --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.S.K.Rana,Advocate, for the petitioner Mr.K.D.Sachdeva,Addl.A.G, Punjab Rakesh Kumar Jain,J:(Oral) CRM-51045 of 2011 Allowed as prayed for. CRM-M-22793 of 2011. This is a petition for regular bail pending trial in a case registered vide FIR No.78 dated 17.5.2010, under Sections 363,366-A,34 of the IPC in which Section 376 of the IPC was added later on at Police Station Morinda, District Ropar. Learned counsel for the petitioner submits that he is in custody from 23.6.2010 and has been falsely implicated in this case. Although, learned counsel for the State has submitted that the petitioner was named in the statement of the prosecutrix recorded under Section 164 of Cr.P.C but when she entered the witness box as PW-2, she had categorically deposed that she does not recognise the petitioner. She has also deposed that the petitioner has not committed any rape with her. Learned counsel for the petitioner has referred to the statement of Dr.Kulwinder Kaur (PW-11) who has deposed in the cross examination that she had not checked whether CRM-M- 22793 of 2011 (O&M) -2- hymen of the prosecutrix was intact or not. She did not find any mark of injury either inside the vagina or external private part of the prosecutrix. She also stated that there is possibility of introducing sperm in the vagina when she was brought to the hospital for medical examination in order to create medical evidence against the petitioner. Taking into consideration the facts and circumstances of the case but without making any observations on the merit, the present petition is allowed and the petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of the learned trial Court. Sept 20,2011 (Rakesh Kumar Jain) RR Judge