Criminal Misc.-M No. 27361 of 2011 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc.-M No. 27361 of 2011(O&M) Date of Decision: 14.11.2011 Raj Singh alias Master ...Petitioner Versus State of Haryana ..Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Vivek Khatri, Advocate for the petitioner. Mr. Anmol Malik, Assistant Advocate General, Haryana. …… RAJESH BINDAL, J. Prayer in the present petition is for grant of regular bail to the petitioner, who is accused in FIR No. 512 dated 1.7.2011 registered under Sections 342, 363, 366, 372, 376, 506 IPC at Police Station Sadar Hisar, District Hisar. Learned counsel for the petitioner submitted that the prosecutrix in the present case is 18 years of age. She had travelled in public transport along with the accused at her own will. There are no allegations against the petitioner that he committed rape upon her. Even in her statement recorded under Section 164 Cr.P.C., she alleged that Satyawan and Satish had com- mitted rape. In the FIR, it is stated that the prosecutrix had managed to run away from the custody of Sattu and reached Hansi via Fatehabad in a bus. However, she was forcibly alighted from the bus by the petitioner and again handed over to Satish, Satyawan and Sattu. The aforesaid allegations were not made by the prosecutrix when she got her statement recorded under Sec- tion 164 Cr.P.C. It is alleged in the FIR that two persons, who are neigh- boures of the prosecutrix had brought her from Asam by promising her a job. The petitioner is in custody since July 06, 2011. Criminal Misc.-M No. 27361 of 2011 2 On the other hand, learned counsel for the State submitted that the petitioner has been specifically named in the FIR. All the accused had conspired together by buying the prosecutrix from two persons, who had brought her from Asam and selling her to the accused named in the FIR. Considering the seriousness of allegations against the petitioner, he does not deserve concession of bail. After hearing learned counsel for the parties and considering the allegations against the petitioner in the FIR, where only the present peti- tioner is shown to the place when the prosecutrix was handed over by Altu and Nazrul at Hansi to other accused whereafter she had accompanied Sat- ish and Satyawan; further the allegations of rape by the prosecutrix being only against Satyawan and Satish and allegations against the petitioner in the FIR being that he had alighted her from the bus at Hansi and handed over again to Satish, Satyawan and Sattu, which is a public place, in my opinion, the petitioner deserves concession of bail pending trial. The peti- tioner is directed to be released on furnishing of bail bonds to the satisfac- tion of Chief Judicial Magistrate/Duty Magistrate, Hisar. The petition stands disposed of. (RAJESH BINDAL) JUDGE 14.11.2011 sharmila