Criminal Misc.-M No. 29272 of 2011 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc.-M No. 29272 of 2011(O&M) Date of Decision: 23.11.2011 Kulwant Singh ...Petitioner Versus State of Punjab ..Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Premjit Singh Dhaliwal, Advocate for the petitioner. Mr. K.S. Pannu, Deputy Advocate General, Punjab. …… RAJESH BINDAL, J. Prayer in the present petition is for grant of regular bail to the petitioner pending trial in FIR No. 249 dated 10.11.2010 registered under Section 376 IPC at Police Station Sahnewal, District Ludhiana. Learned counsel for the petitioner submitted that even as per the allegations in the FIR, the prosecutrix was about 20 years of age when the alleged offence was committed. It is stated that on 26.6.2010, the peti- tioner had forcibly raped her, when she was alone at home. However, prior to that they were meeting each other and the petitioner allegedly promised to marry her. Subsequent thereto, the prosecutrix was allegedly accompa- nied the petitioner in his car where she was raped in various hotels near Ludhiana bus stand. The submission is that once the prosecutrix had been moving with the petitioner to different places in car, it cannot be said to be a case of use of force as apparently it is a case of consent. The petitioner is in custody since November 24, 2010. As trial in the present case will take time, the petitioner be released on bail. Learned counsel for the petitioner further submitted that it was alleged by the prosecutrix that she was four Criminal Misc.-M No. 29272 of 2011 2 months’ pregnant, however, when the petitioner requested for getting DNA test conducted, the foetus was got aborted. On the other hand, learned counsel for the State submitted that 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 fact that prosecutrix was about 20 years of age when the alleged offence was committed and further that she had been moving with the petitioner to various places in car at different times, in my opinion, the petitioner deserves concession of bail pending trial. He is directed to be released on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Ludhiana. The petition stands disposed of. (RAJESH BINDAL) JUDGE 23.11.2011 sharmila