Sunil Kumar vs State Of Haryana on 15 July, 2008

In the Punjab and Haryana High Court,at Chandigarh.

              Crl.Misc. No.M-8972 of 2008
              Decided on July 15,2008.


Sunil Kumar                                  --- Petitioner


              vs.

State of Haryana                             ---Respondent.

Present: Mr. Rajesh Bansal,Advocate, for the petitioner.

Mr.S.S.Gorupuria, DAG,Haryana.

Rakesh Kumar Jain,J:

This is a petition under Section 439 Cr.P.C. for regular bail in a

case bearing FIR No. 449 dated 26.12.006 under Sections 376/506 of IPC,

registered at Police Station, Model Town, Panipat.

Counsel for the petitioner contends that the prosecutrix, her

father Bachan Lal and her mother Rupa have already been examined as Pws

11,10, and 12 and they have not supported the case of the prosecution as all

of them in unison say that no rape has been committed by the petitioner with

the prosecutrix.

Counsel for the State does not controvert the aforesaid position.

In view of the above, without expressing any opinion on the

merits of this case, this petition is allowed and it is directed that the

petitioner shall be released on bail on his furnishing bail bonds to the

satisfaction of the trial Court.

July 15,2008                                           (Rakesh Kumar Jain)
RR                                                             Judge