In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-13173 of 2009 (O&M) Date of decision: 14.5.2009 Kamaljit Singh @ Kamal ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Ajit Singh, Advocate, for the petitioner. **** SABINA, J. This petition has been filed by Kamaljit Singh @ Kamal under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 376 dated 5.11.2008, under Sections 376(G), 452, 342, 506, 148, 149 of the Indian Penal Code, registered at Police Station Kharar, District Mohali. The allegations levelled in the FIR as reproduced in para 2 of the petition are as under:- “It is requested that I Paramjit Kaur daughter of Gulzar Singh, resident as tenant House of Amarjit Singh Village Bhagomajra, Bharopur Tehsil and District SAS Nagar. On 28.10.2008, i.e. on the day of Diwali, at about 8.30 p.m., I was sitting along with my aunt (Massi) and was cleaning utensils. At this time, Kamal and Titu @ Fateh Singh who is Balmiki, after climbing the gate, entered into the varandah. Along with them, some more boys carrying Criminal Misc. No.M-13173 of 2009 (O&M) -2- kirpans also entered to whom I can identify if brought before me. After seeing them, my aunt ran away inside and the persons who came along with Kamal hold me and covered my mouth. Kamal raped me and his companions caught hold my arms. Due to that I became unconscious and thereafter, I do not know how many persons raped me. My mother and my sisters in the house raised the alarms and then those persons ran away after opening the gate. My mother and my sister took me inside the house and I gain conscious after long period. I approached your goodself and you are requested to take legal action on my application and I may be given jsutice.” Learned counsel for the petitioner has submitted that the petitioner has been falsely involved in this case. The allegations levelled against the petitioner are serious in nature. The petitioner is duly named in the FIR. As per the prosecution case, the petitioner had committed rape on the person of the prosecutrix. Keeping in view the seriousness of offence alleged to have been committed by the petitioner, no ground for grant of bail is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE May 14, 2009 anita