Himmat Singh vs State of Punjab

K.C. Puri, J.—As per allegation of the prosecution, Chanan Singh, the main accused and Himmat Singh, the present Petitioner have taken away the prosecutrix and her mother to show them some tractor. It is further alleged that Chanan Singh and Himmat Singh have bolted the door and Himmat Singh caught hold of her and Chanan Singh committed rape upon prosecutrix without her consent.

Counsel for the Petitioner has placed on the file judgment dated 9.11.2010, passed by Ms. Rupinderjit Chahal, Additional Sessions Judge, Mansa, vide which the main accused Chanan Singh has been acquitted. The allegation against the Petitioner is only Crl.M. No. M-27652 of 2010 -2 helping the main accused Chanan Singh.

So, keeping in view the above circumstances, it is a fit case to allow the concession of anticipatory bail.

Consequently, the petition stands accepted and the Petitioner is ordered to be released on bail on the following conditions:

i) that the Petitioner shall join the investigation, as and when required by the police;

ii) that the Petitioner shall not tamper with the evidence; and

iii)that the Petitioner shall not leave India without prior permission of the Court.