Crl. Misc. No. M-19174 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-19174 of 2011 Date of Decision : 9th December, 2011 Mukim @ Mukki .... Petitioner Versus State of Haryana .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : Mr. Monisha Lamba, Advocate for the petitioner. Mr. Anil Kumar, Deputy Advocate General, Haryana. * * * L. N. MITTAL, J. (Oral) : Accused Mukim @ Mukki filed instant petition under Section 439 of the Code of Criminal Procedure (in short Cr. P.C.) for regular bail in case FIR No.103 dated 06.03.2010 under Sections 376, 342, 323, 506, 120B and 34 IPC read with Section 25 Arms Act, registered at Police Station Sector 55, District Faridabad. I have heard learned counsel for the parties and perused the case file. According to prosecution version, the petitioner not only committed rape on the prosecutrix on 18.02.2010 but had also threatened, confined and beaten her. Learned counsel for the petitioner vehemently contended that FIR has been lodged after a delay of sixteen days. However, merely on the Crl. Misc. No. M-19174 of 2011 -2- ground of delay, the petitioner cannot be released on bail in such case. It may be added that the delay has also been explained because the prosecutrix as well as her husband were beaten and intimidated. Alleged affidavits of the prosecutrix Annexure P-2 and P-3 have been annexed with the bail petition exonerating the petitioner, but learned State counsel on instruction from ASI Satish Kumar pointed out that after these affidavits, statement of prosecutrix was recorded under Section 164 Cr. P. C. wherein she reiterated the version stated in the FIR. The prosecutrix, it is pointed out by State counsel, has also appeared as witness and stated on oath about the prosecution version in the witness box also. In view of the aforesaid, I do not find it to be a fit case to extend the concession of regular bail to the petitioner. Without meaning to express any opinion on merits of the case, the instant bail petition is dismissed. 9th December, 2011 ( L. N. MITTAL ) 'raj' JUDGE