IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-8573 of 2011 Date of decision : 06.05.2011 Gurdeep Singh … Petitioner Versus State of Punjab …Respondent Crl.Misc.No.M-9621 of 2011 Date of decision : 06.05.2011 Sikander Singh … Petitioner Versus State of Punjab …Respondent CORAM : HON’BLE MR.JUSTICE K.C.PURI Present: Mr.Ashish Gupta, Advocate for the petitioner. Mr.A.S.Rai, AAG, Punjab. K.C.Puri, J. Vide this order, I intend to dispose of Crl.Misc.No.M-8573 of 2011 and Crl.Misc.No.M-9621 of 2011 as both these petitions have arisen out of the same FIR. As per allegation of the prosecution, prosecutrix aged about 32 years was present in the fields at 2.00 pm. The son Sammi was roaming there. Husband of the prosecutrix went to fetch the petrol for the motor cycle. When the prosecutirx was going to sit near the Kothri, then Bittu Master came there and took her inside and Sikandar Singh the other accused also accompanied him. Bittu Master raped upon her against her consent while Sikander Singh was standing outside. Bittu Master had given 4-5 stick blows on her back and also given kicks with legs and had also given nail abrasions on her body and abused her. Her husband came but prior to that accused ran away. It is further mentioned in the FIR that due to insult, the prosecutrix did not disclose the actual fact to her husband but lateron, on the way, she disclosed the above said incident to her husband. Crl.Misc.No.M-8573 of 2011 Crl.Misc.No.M-9621 of 2011 Lateron, Gurdeep Singh was arrayed as an accused on 9.6.2010. The State counsel is fair enough to concede that Bittu has been declared innocent. There is no allegation of rape against Sikander Singh. Learned State counsel also admitted that on 8.12.2010, cancellation report has been submitted in which it was found that the incident is wrong due to litigation pending between Gurdeep Singh, husband of the prosecutrix which includes FIR No.73 dated 19.4.2008, under Sections 336, 506, 148 and 149 IPC, registered at Police Station Sadar, Faridkot and FIR No.160 dated 9.10.2009, under Sections 326, 324, 323 and 34 IPC, registered at Police Station Sadar, Faridkot in which Sakinder Singh and Master Yadwinder Singh are the witnesses. Yadwinder Singh is also witness in the Will of land. So, taking into the account of the totality of the circumstances, in my view it is a fit case for grant of concession of regular bail to the petitioners. Bail to the satisfaction of the trial Court. Copy of this order be placed on the file of the connected matter. ( K.C. Puri) Judge 06.05.2011 sd 2