SANJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.253, dated 11.11.2009, under Sections 363, 366, 120-B IPC and Sections 376, 323, 212 IPC (added later on), registered at Police Station Chandhut, District Faridabad.

(2.) This is 4th application for grant of regular bail filed on behalf of the petitioner-accused. His first application was got dismissed as withdrawn vide order of this Court dated 19.2.2010 passed in Crl.M.No.M-2306 of 2010. Second application filed on his behalf was also got dismissed as withdrawn vide order dated 16.7.2010 passed in Crl.M.No.M-20140 of 2010. Third application filed by him was also got dismissed as withdrawn vide order dated 6.1.2011 passed in Crl.M.No.M-29263 of 2010.

(3.) Brief allegations against petitioner-accused are that he is related to prosecutrix, who is minor girl of about 16 years of age as her uncle. Wife of present petitioner-accused gave telephonic call to the prosecutrix that her uncle, i.e., present petitioner-accused was standing outside her house and that she should come outside of her house. She came outside of her house. Petitioner-accused met her. He gave her some sweets to eat and thereafter she became unconscious and when she regained consciousness, she found herself in a room with one boy, namely, Sunil, who committed rape upon her.