CRM No. M- 33927 of 2008 1
In the High Court of Punjab and Haryana at Chandigarh
CRM No. M- 33927 of 2008
Decided on:- 29.1.2009
Asha .....Petitioner
Versus
State of Haryana .....Respondent
Coram Hon'ble Mr. Justice K. C. Puri
Present Mr. R. D. Gupta, Advocate
for the petitioner.
Mr. Ashok Kumar Jinda, AAG, Haryana.
K. C. Puri,J (Oral)
This is a petition under Section 439 of the Code of Criminal
Procedure for grant of regular bail in case FIR no. 93 dated 12.7.2008,
under Sections 363, 366, 376, 120 B IPC, registered with police of Police
Station, Pinjore, District Panchkula, Haryana.
As per allegations made in the FIR, Dharambir, father of the
prosecutrix has stated that his daughter was working in Birla Factory at
Baddi. Asha and Basanti were also working in that factory. Both these girls
live in village Rampur Seuri. Asha and Basanti took his daughter
somewhere with them and she has not returned. Asha returned after two
days but Basanti had not returned.
Thereafter, statement of prosecutrix under Section 161
Cr. P. C was recorded in which she has stated that Asha and Basanti were
working with her in Birla Factory at Baddi. She had developed a relation
with Shyambir which continued for one and half year and a week prior she
took a leave from the factory. In the meantime, Basanti called for Shyambir
and on 3.4.2008, prosecutrix alongwith Basanti took to Haridwar where she
was subjected to rape by Shyambir.
However, in testimony under Section 164 Cr. P. C before
Judicial Magistrate Ist Class, prosecutrix stated that on 3.4.2008 Basanti and
Asha came there and told her that payment is to be taken from the factory.
Both of them took her to bus stand. Thereafter, Basanti and prosecutrix
boarded Auto Rickshaw where Asha was also present.
CRM No. M- 33927 of 2008 2
In the statement under Section 161 Cr. P. C, there is no
allegation against the petitioner. The petitioner is a lady and is in custody
since 5.11.2008. So, without commenting on the merits of the case, I accept
the bail application of the petitioner.
Bail to the satisfaction of Chief Judicial Magistrate,
Panchkula.
January 29, 2009 ( K. C. Puri ) mamta Judge