BALJINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners, incarcerating upon their arrest in the FIR captioned above, for facilitating the main accused, Simarjit Singh Bains, by felicitating rape and providing accommodation for committing rape upon the prosecutrix, who is an adult woman, have come up before this Court under Sec. 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.

(2.) In paragraph 10 of the bail petition, the accused declares that they have no criminal antecedents.

(3.) The petitioners contend that the pre-trial incarceration would cause an irreversible injustice to them and their families. The petitioners' counsel seeks bail because the prosecutrix had consensual coitus with the main accused, Simarjit Singh Bains. However, during the trial, he reserves his right to abandon this plea if so advised. Petitioners' counsel further submitted that even if the petitioners provided accommodation to accused Simarjit Singh Bains, it still does not mean that he could not have taken her to any other place or that coitus had taken place only in the premises of the petitioners, whereas the prosecutrix was allegedly subjected to sexual intercourse on 9-10 occasions.