IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-19881 of 2009 (O&M) Date of decision : 9.9. 2009 Tejbir ....Petitioner Versus State of Haryana ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Rajesh Malik, Advocate for the petitioner. Ms.Sushma Chopra, Addl.A.G., Haryana. ..... MAHESH GROVER, J. This is a petition under Section 439 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a case registered vide FIR No.380 dated 11.11.2008 under Sections 392/201/412/120-B IPC, at Police Station Samalkha. The petitioner is alleged to have taken away the concrete pressure machine after attaching the same with the tractor forcibly from the construction site at Samalkha G.T.Road. It is contended by the learned counsel for the petitioner that the allegations are false and he has been implicated merely on the basis of disclosure statement made by the co-accused. He further contended that initially the name of the petitioner was not mentioned Crl.Misc.No.M-19881 of 2009 (O&M) -2- in the FIR. He lastly contended that the co-accused of the petitioner in similar circumstances have been released on bail and that he is in custody since 28.12.2008 and therefore he deserves the concession of bail. On the other hand, learned counsel for the State has contended that the allegations against the petitioner are serious and therefore he does not deserve the concession of bail. After hearing the learned counsel for the parties and having regard to the fact that the the petitioner is in custody since 28.12.2008 and the fact that the co-accused has been released on bail and also the fact that the trial is likely to take some time, without expressing any opinion on the merits of the case, I deem it appropriate to accept the present petition. Consequently, the petition is allowed and the petitioner is directed to be released on bail under the provisions of Section 439 Cr.P.C. Bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Panipat. 9.9.2009 (MAHESH GROVER) JUDGE dss