MALKIAT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD counsel for both the sides. The learned counsel for the petitioner contends that except the allegation that the key of the room where the offence was committed, was taken from the petitioner and that the petitioner was standing outside the room, no active role is attributed to the petitioner in the alleged act of rape. The counsel for the petitioner also contends that the co-accused against whom similar allegations have been made, has also been released on bail. The learned counsel for the State, of course, contends that the petitioner had made an extra-judicial confession admitting the guilt.

(2.) BUT in the circumstances of the case, without meaning to express any opinion on the merits of the case, I am of the view that the petitioner is entitled to be released on bail. The petition is allowed. The petitioner is ordered to be released on bail on his furnishing sufficient surety to the satisfaction of the C.J.M., Hissar. Petition allowed.