RINKU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition filed under Sec. 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No. 197, dtd. 13/4/2019, under Ss. 376, 354-A, 506, 34 IPC and Sec. 25 of the Arms Act (Ss. 354-A, 34 IPC and Sec. 25 of Arms Act deleted later on), registered at Police Station Samalkha, District Panipat.

(2.) Learned counsel for the petitioner has argued that the aforesaid FIR has been registered at the behest of the prosecutrix, who is a married lady and about 42 years of age. The other co-accused referred in the FIR, namely, Irfan and Atta, brother of Bijender (i.e. other two persons named in the FIR) have been found innocent during the investigation. There is no medical evidence which may substantiate the very allegation that rape was committed upon the prosecutrix. The petitioner is in custody since16/4/2019 and the trial in this case is not likely to be concluded in the near future as no prosecution witness has been examined. He referred to the statement of the prosecutrix dtd. 15/4/2019 (Annexure P/2) wherein it has been alleged that two persons, namely, Irfan and Atta have called the prosecutrix and the petitioner committed rape upon her. Once the other co-accused have been found innocent during the investigation, the story projected by the prosecutrix is highly doubtful.

(3.) Learned State counsel, on instructions from ASI Dilbagh Singh, does not dispute the custody.