LAWS(P&H)-2012-5-571

ROHIT Vs. STATE OF HARYANA

Decided On May 03, 2012
ROHIT Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Applications are allowed as prayed for. Annexures P6 and P7 are taken on record.

(2.) Main case Rohit, the petitioner seeks pre-arrest bail in a case registered by way of FIR No.298 dated 31.7.2011 at Police Station Gharaunda, District Karnal for an offence punishable under sections 376, 511 and 506 of Indian Penal Code. The brief facts, required to be noticed for disposal of this petition, are as under :-

(3.) Learned senior counsel for the petitioner has submitted that there is delay of four days in lodging this FIR. He has submitted that for the occurrence that took place on 27.7.2011, the FIR was lodged on 31.07.2011. The complainant, the father of the prosecutrix, has been working for Om Tyagi at his farm. According to him, Om Tyagi is a resident of a house, which is more than 10-12 houses away from the place of occurrence. He has submitted that the cries of the prosecutrix were audible to the person at that place but Vikas, who was accompanying the prosecutrix at the time of occurrence, did not hear any such cries.