Crl. Misc. No. M-30385 of 2009 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-30385 of 2009 (O&M) Date of decision: 23.7.2010 Shekhar ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. S.K. Garg Narwana, Advocate, for the petitioner. Mr. Tarun Aggarwal, Senior DAG Haryana. Mr. J.S. Bedi, Advocate, for the complainant. Rajan Gupta, J. (oral) This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Section 376 IPC at Police Station Hodal, District Faridabad, vide FIR No.207 dated 6th July, 2009. Learned counsel for the petitioner has submitted that petitioner is in custody since 3rd October, 2009 and evidence of the prosecutrix has already been recorded by the trial court. He submits that trial may still take long time to conclude and thus, no useful purpose will be served by detaining the petitioner in custody any longer during the pendency of the trial. Learned State counsel has opposed the prayer for bail on the ground that the allegations against the petitioner are serious in Crl. Misc. No. M-30385 of 2009 nature. He, however, does not dispute the fact that the the prosecutrix has already deposed before the trial court. He further submits that in case the petitioner is to be released on bail, same should be subject to stringent conditions. Keeping in view the facts and circumstances of the case, period of incarceration already undergone by the petitioner and the fact that the prosecutrix has already deposed before the court, I am of the considered view that no useful purpose will be served by detaining the petitioner in custody during the pendency of the trial as the trial may take long time to conclude. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the petitioner is directed to be released on bail to the satisfaction of the trial court, subject to heavy surety and/or any other condition which the trial court may deem fit to impose. (RAJAN GUPTA) JUDGE 23.7.2010 'rajpal'