JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral) - The petitioner has preferred the instant petition, for the grant of concession of regular bail, in a case registered against him, vide FIR No.273 dated 8.10.2013 (Annexure P1) on accusation of having committed an offence punishable under Section 376 IPC by the police of Police Station Mandi Gobindgarh, District Fatehgarh Sahib. 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, going through the record with their valuable help and after deep consideration of the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this context. 4. Precisely, the prosecution, inter-alia, claimed that the marriage of complainant-prosecutrix (name intentionally withheld) was solemnized 12 years prior the present occurrence with one with Rakesh Kumar s/o Harchanda, r/o Jalalabad (Uttar Pradesh). After solemnization of the marriage, they resided together, cohabited as husband & wife and a son & daughter were born out of their wedlock. Subsequently, their marriage was dissolved by a decree of divorce, 10 years prior to the present occurrence and she was residing with her parents. Thereafter, she started working in beauty parlour shop. According to the complainant, the petitioner allured to marry her and repeatedly committed inter-course with her under threats to kill her and her children. The complainant is a married/divorcee lady. It appears to be a case of consent. Therefore, in that eventuality, as to whether the penal provision of section 376 IPC is attracted to the case of petitioner or not, inter alia, would be a moot point to be decided during the course of trial after receipt of evidence of the parties by the trial Court. 5. Be that as it may, the petitioner has himself surrendered in the trial Court on 7.8.2014. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. There is no history of his previous involvement in any other criminal case. Even since the prosecution has not yet submitted the final police report (challan) against the petitioner, so, the final conclusion of trial will naturally take a long time. 6. There is no history of his previous involvement in any other criminal case. Even since the prosecution has not yet submitted the final police report (challan) against the petitioner, so, the final conclusion of trial will naturally take a long time. 6. In the light of aforesaid reasons, taking into consideration the totality of facts and circumstances, emanating from the record, as described here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate, Fatehgarh Sahib. 7. Needless to mention that, nothing observed here-in-above, would reflect, on merits in the trial of the case, in any manner, as the same has been so recorded for the limited purpose of deciding the present petition for regular bail only. ---------0.B.S.0------------ —————————