Crl. Misc. No. M-25085 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-25085 of 2011 Date of Decision: November 2, 2011 Ranjit Singh …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. J.S. Virk, Advocate for the petitioner. Mr. Kirat Singh Sidhu, DAG, Punjab. Mr.Sanjiv Gupta, Advocate for the complainant. -.- M.M.S. BEDI, J. (ORAL) The petitioner seeks the concession of regular bail in a case registered against him on the allegation that he had kidnapped Ranjit Kaur. Offence under Section 376 IPC was added on the basis of the statement made under Section 164 Cr.P.C. by said Ranjit Kaur. Counsel for the petitioner submits that the petitioner is deputed as a Sepoy in Indian Army and is governed by Army Act, 1950. In case he Crl. Misc. No. M-25085 of 2011 [2] is to be tried, the provisions under Section 475 Cr.P.C. and Rule 4 of the Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952, are applicable. It has been submitted that an application under Section 475 Cr.P.C. filed by the petitioner is pending before the trial Court. The petitioner has been in custody w.e.f. December 16, 2010. The application under Section 475 Cr.P.C. filed by the petitioner no doubt is pending but no advantage can be derived by the petitioner on account of pendency of said application. Whether the plea of consent of the prosecutrix is available to the petitioner will be debatable on the basis of the statement of the prosecutrix and other material brought on the record. No ground is made out for grant of bail to the petitioner at this stage. Dismissed. The trial Court is, however, directed to expeditiously record the statement of the prosecutrix subject to the final decision of the application under Section 475 Cr.P.C. filed by the petitioner. It will be appreciated in case the trial Court decides the application under Section 475 Cr.P.C. also expeditiously. It will be open to the petitioner to approach this Court for concession of bail after the statement of the prosecutrix is recorded in the Court. November 2, 2011 (M.M.S.BEDI) sanjay JUDGE