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Judgment
This petition for regular bail has been filed by petitioner Balwinder Singh @ Bittu, an accused in FIR No. 208, dated 4.5.2018, for offences under
Sections 376, 506 IPC, registered at Police Station Baldev Nagar, District Ambala.
Briefly stated, facts of the case as per the prosecution story are that on 3.5.2018, at about 3.00 P.M., while the prosecutrix (name withheld to conceal
the identity), a married woman, having two children, was alone in her house. Then petitioner-accused Balwinder Singh @ Bittu, residing in her
neighbourhood asked her to come to his house. The prosecutrix went there. Petitioner â€" accused asked her to come to his room. There he used
force against the complainant and despite her refusal, had sexual intercourse with her. After some time, when prosecutrix heard a call made by her
husband, she got herself released and went to her house and narrated the entire incident to her husband. The matter was reported to the police and
formal FIR was registered.
The accused was arrested in this case on 5.5.2018. On completion of investigation, challan has been filed and trial is going on.
The petitioner had moved an application for regular bail before the Court of Sessions, which was assigned to the Court of Additional Sessions Judge,
Ambala, who vide order dated 23.7.2018, dismissed the same, as such he has approached this Court, by way of filing the present petition praying for
similar relief, which is being opposed by learned State counsel.
I have heard learned counsel for the petitioner, learned State counsel, besides going through the record.
The allegations against the petitioner are very grave and serious of calling a married woman to his house and then raping her. Such act and conduct of
the petitioner cannot be taken lightly, since such like instances are increasing day by day and if no attempt is made to curb the same by dealing with
the culprits in a stern manner, the other potential criminals would also take to the path of crime and indulge in similar acts.
The trial against the accused is going on, which is likely to be concluded in near future. If he is innocent, he would be set free, but no case for grant of
regular bail to the petitioner is made out. There is reasonable apprehension of his absconding and taking to the path of crime again, if granted bail.
Thus, finding no merit in the petition, the same stands dismissed.