Criminal Misc. No. M-6435 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 6435 of 2011 (O&M) Date of decision: 27.7.2011 Saraj Singh .. Petitioner v. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Anurag Arora, Advocate for the petitioner. Mr. Abhishek Chautala, Assistant Advocate General, Punjab. ... Rajesh Bindal J. Prayer in the present petition is for grant of regular bail to the petitioner, who is accused in FIR No. 102 dated 18.10.2010, registered under Sections 376, 506 IPC, Police Station, Longowal, District Sangrur. The petitioner is in custody since 19.10.2010. The allegations in the FIR got registered by the prosecutrix are that she was engaged with the petitioner. On 25.9.2010, in the absence of other family members, the petitioner came to her house and forcibly raped her. The matter was reported to the police only on 18.10.2010. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case as on coming to know that the prosecutrix was having illicit relations with some other person, he was out to break the engagement. Having come to know about it, false FIR was got registered against the petitioner alleging an incident which took place 23 days prior thereto. Samples of pubic hair, cervical swab and two smears from posterior fornix were taken and spermatozoa was found on cervical swab, which apparently is not possible as the incident, as reported by the prosecutrix, took place 23 days prior to the date of registration of the FIR. In the medico-legal report of the prosecutrix conducted on 19.10.2011, no Criminal Misc. No. M-6435 of 2011 [2] mark of injury and semen were found on her body and the doctor opined that vagina admitted two fingers easily. She was habitual of sexual intercourse. The petitioner has already suffered about nine months' custody. The trial is likely to take time. On the other hand, learned counsel for the State submitted that challan has been presented. The case has been committed to the court of Sessions but charges are yet to be framed. He further submitted that in the report of chemical examination of cervical swab, it was found that there was presence of spermatozoa, which prima-facie proves that rape was committed. After hearing learned counsel for the parties and considering the fact that FIR itself was got registered 23 days after the date of alleged incident; apparently there is no possibility of any evidence subsisting till such time regarding presence of semen on any part of the body or clothes of the prosecutrix and further the trial will take time as charges are also yet to be framed, in my opinion, the petitioner deserves the concession of bail pending trial. Let the petitioner be released on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Sangrur. The petition stands disposed of. (Rajesh Bindal) Judge 27.7.2011 mk