- (1.) Applications are allowed as prayed for. Annexures P6 and P7 are taken on record.
(2.) Main case Rohit, the petitioner seeks pre-arrest bail in a case registered by way of FIR No.298 dated 31.7.2011 at Police Station Gharaunda, District Karnal for an offence punishable under sections 376, 511 and 506 of Indian Penal Code. The brief facts, required to be noticed for disposal of this petition, are as under :- The prosecutrix, aged about 15 years, is studying in 12th class.. in a school at Faridpur. On 27.7.2011, she was coming from the school alongwith her cousin, Vikas. On the way, while she was in front of the house of Rohit, the petitioner, he was found standing there. Rohit told the prosecutrix that his mother was calling her, on which the prosecutrix went inside the house, which adjoins the temple. Rohit then bolted the door of the house from inside, broke open the string of salwar of the prosecutrix, opened the zip of his pant and tried to commit rape. The prosecutrix raised alarm which attracted one Om Tyagi, who rescued the prosecutrix from the clutches of Rohit. The petitioner then extended threat to the prosecutrix of killing her entire family if she disclosed this incident to anyone or took any action against him.
(3.) Learned senior counsel for the petitioner has submitted that there is delay of four days in lodging this FIR. He has submitted that for the occurrence that took place on 27.7.2011, the FIR was lodged on 31.07.2011. The complainant, the father of the prosecutrix, has been working for Om Tyagi at his farm. According to him, Om Tyagi is a resident of a house, which is more than 10-12 houses away from the place of occurrence. He has submitted that the cries of the prosecutrix were audible to the person at that place but Vikas, who was accompanying the prosecutrix at the time of occurrence, did not hear any such cries.;