JUDGMENT Mr. Mehinder Singh Sullar, J.: (Oral) - Petitioner Baljinder Singh son of Balwant Singh, has preferred the instant petition for regular bail in a case registered against him along with his other co-accused, namely, Inderjit @ Indu son of Binder Ram, Charanjit @ Mogli son of Joginder Ram & Jaswant Ram alias Jaswant Singh, residents of village Khanora, District Hoshiarpur and their one unknown friend, by virtue of FIR No.11 dated 12.02.2012 (Annexure P-1/T), on accusation of having committed the offences punishable under Sections 376(g) & 506 read with section 34 IPC by the police of Police Station Mantiana, District Hoshiarpur. 2. The crux of the prosecution version is that on 11.02.2012 at about 8.00 PM, as soon as the prosecutrix (named intentionally withheld) reached near the vacant place, then accused Inderjit @ Indu son of Binder Ram, Charanjit @ Mogli son of Joginder Ram, residents of Khanora, District Hoshiapur and their one unknown friend came there. Suddenly Inderjit @ Indu son of Binder Ram took out a cloth from his pocket and closed her mouth. Thereafter, all the three accused picked and took her to secluded house, where Charanjit @ Mogli and his friends forcibly made her to lay down on the ground, thereafter, Charanjit @ Mogli caught her arms and unidentified friend caught hold her legs. Where Inderjit Singh @ Indu removed her pajami and forcibly committed rape. Thereafter, all the accused threatened with dire consequences of elimination of her entire family. After committing the gang rape, all the accused fled away from the place of occurrence. 3. Leveling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that all the accused have committed forcibly rape with the prosecutrix. In the background of these allegations and in the wake of statement of the prosecutrix, the present case was registered against the petitioner-accused, in the manner described here-in-above. 4. Notice of the petition was issued to the State. 5. Having heard the learned counsel for the parties, having gone through the record with their valuable assistance and after bestowal of thoughts over the entire matter, to my mind, the instant petition for regular bail deserves to be accepted in this respect. 6. 4. Notice of the petition was issued to the State. 5. Having heard the learned counsel for the parties, having gone through the record with their valuable assistance and after bestowal of thoughts over the entire matter, to my mind, the instant petition for regular bail deserves to be accepted in this respect. 6. As is evident from the record, that there are direct allegations against accused Inderjit @ Indu son of Binder Ram, Charanjit @ Mogli son of Joginder Ram, residents of Khanora, District Hoshiarpur and their one unknown friend that they have committed the indicated offences. The name of present petitioner Baljinder Singh son of Balwant Singh does not at all figure in the FIR. 7. Strange enough, subsequently the police has exonerated the main accused, without any basis for the reasons best known to it. The argument of learned counsel that petitioner Baljinder Singh has been subsequently falsely substituted in place of main accused by the police, has considerable force. 8. Not only that, Gurmej Kaur, grandmother of the prosecutrix, moved an application dated 20.03.2012 (Annexure P-3) to the Director General of Police, Punjab and the Senior Superintendent of Police, District Hoshiarpur for fair, proper and impartial investigation of the accused, inter alia, pleading that on 11.02.2012, the main accused committed a rape of her grand daughter. They were arrested, but subsequently, police has set the main accused free without any reason and instead two other persons namely Jaswant Ram @ Jaswant Singh son of Pardeep Kumar and Baljinder Singh son of Balwant Singh (petitioner), residents of village Khanora, have been falsely implicated in this case. On the basis of aforesaid allegations, she sought proper re-investigation of the case. The grand mother of the prosecutrix has named main accused and claimed that names of Jaswant Ram @ Jaswant Singh and petitioner Baljinder Singh son of Balwant Singh were subsequently wrongly added by the police. 9. Meaning thereby, the possibility of false implication/substitution of petitioner in place of main accused cannot ruled out, under the present set of circumstances. Moreover, the petitioner was arrested on 16.02.2012, since then he is in judicial custody and no longer required to be further detained in jail for any purpose. The conclusion of the trial would naturally take a long time. There is not history of his previous involvement in any criminal case. Moreover, the petitioner was arrested on 16.02.2012, since then he is in judicial custody and no longer required to be further detained in jail for any purpose. The conclusion of the trial would naturally take a long time. There is not history of his previous involvement in any criminal case. It is also not a matter of dispute that similarly situated Jaswant Ram alias Jaswant Singh, co-accused of petitioner, has already been allowed the concession of regular bail, vide order dated 7.8.2012 passed by this Court in CRM No.M-18824 of 2012. Therefore, I see no reason not to extend the same benefit of regular bail to the petitioner. 10. In the light of aforesaid reasons, taking into consideration the totality of other facts and circumstances, emanating from the record, as indicated here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of the trial of the main case, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on regular bail on his furnishing adequate bail and surety bonds to the satisfaction of the trial Court. 11. Needless to state that nothing recorded, herein above, would reflect, in any manner, on the merits of the case as the same has been so observed for a limited purpose of deciding the present petition for regular bail. ---------0.B.S.0------------