HARPAL SINGH Vs. STATE OF U T CHANDIGARH

JUDGEMENT

(1.) (ORAL) 1. The prayer in this petition is to release the petitioner on regular bail in FIR No. 196 dated 3.7.2006, under Sections 376/342/506/34 IPC, Police Station, Sector 26, Chandigarh. The afore-stated FIR has been registered on the complaint made by Smt. Salenderi Giri wife of late Dinesh Giri alleging that when she reached near the corner plot in Sector 28, Chandigarh, in which Guru Granth Sahib Vidya Kender is situated, one Santokh Singh @ Ranjit Singh met and promised her that he will get her a job. The complainant allegedly accompanied the said Santokh Singh and met the person through whom the job was to be obtained for her and in this process, when she came near the said Vidya Kender, the said Santokh Singh met her outside the Gurudwara and asked her to wait near the Petrol Pump. At about 8 PM, it is alleged that one Scorpio vehicle driven by one Harpal Singh son of Jagga Singh, i.e., the petitioner, came and Santokh Singh and petitioner allegedly took her in the said Scorpio vehicle in side the above named Vidya Kender and finally in the late night, after locking her in side the room, both of them committed rape on her. The petitioner is stated to have been arrested on 3.7.2006 and is in custody since then. Meanwhile, the complainant has been examined by the prosecution as PW2 and in her deposition, which is reproduced in this petition, she has declined to identify the petitioner. She has further deposed that I do not know the name of the driver. I can not say that his name was Harpal Singh, who is present in Court. It is incorrect to suggest that accused Harpal Singh present in Court is

(2.) THE same person who was THE driver of TATA Sumo and who raped me.Without going into THE merits of THE case, lest it should prejudice eiTHEr of THE parties, and having regard to all THE attending circumstances, this petition is allowed. The petitioner is directed to be released on bail to THE satisfaction of THE Chief Judicial