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R.C. Kathuria, J.—Petitioner, Harpreet Singh @ Happy seeks pre-arrest bail in case bearing FIR No. 153 dated 19.9.2001 registered u/s 376/34, Indian Penal Code, with Police Station ''B'' Division, Amritsar.
The accusations against the petitioner-accused are that on 19.9.2001 at about 8.30 p.m. when Amarjit Kaur had gone to the P.C.O. booth belonging to Jagir Singh, she saw petitioner-accused present there. Petitioner-accused caught hold of her arm and took her inside the cabin forcibly. Thereafter, Jagir Singh raped her. Case is still under investigation.
Counsel representing the petitioner-accused, while pressing for bail, has submitted that the petitioner-accused has been falsely raped in the case because on the date of incident he was admitted in Primary Health Centre, Dhianpur, where he was operated upon for appendicitis. State counsel has not disputed before me that as per medical record of Primary Health centre, Dhianpur, petitioner-accused was admitted in that hospital on 17.9.2001 and was discharged on 25.9,2001. Additionally, it has been submitted by the State counsel that Jagir Singh has since been granted bail by the Additional Sessions Judge, Amritsar.
Without going into the merits of the case and taking into account the totality of the circumstances on record, I accept the petition and order that petitioner-accused, in the event of his arrest, shall be admitted to bail on his furnishing bail bonds and surety bonds to the satisfaction of arresting officer, undertaking therein to abide by the conditions laid down in Section 438(2), Code of Criminal Procedure.