RAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of the present petition filed under Section 439 of the Code of Criminal Procedure seeking the benefit of regular bail to the petitioner pending trial in case FIR No. 58 dated 16.3.2014, under Sections 376/506 of the Indian Penal Code, registered at Police Station K.U.K. Kurukshetra, District Kurukshetra.

(2.) HAVING heard learned counsel for the parties at length, this Court is of the considered view that even though the allegations against the petitioner are serious in nature as regards having allegedly committed a heinous crime, yet a case for grant of bail has been made out.

(3.) HOWEVER , in the statement of the prosecutrix recorded under Section 164 of the Code of Criminal Procedure, there is a clear contradiction inasmuch as no physical assault/rape has been alleged as on 16.1.2012. The initial statement of the prosecutrix is at variance with the statement recorded under Section 164 of the Code of Criminal Procedure. A doubt, as such, is cast on the prosecution version.