IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-27314 of 2009 (O/M). Date of Decision : November 03, 2009. Pardeep Kumar ...... Petitioner(s). Versus. State of Haryana ..... Respondent(s). CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Karan Singh, Advocate, for the petitioner (s). Mr. A.K. Jindal, A.A.G. Haryana. Mr. Krishan Singh, Advocate, for the complainant. AUGUSTINE GEORGE MASIH, J. (ORAL). Counsel for the petitioner contends that as per the F.I.R., no offence under Section 376 I.P.C. is made out against the petitioner. He further contends that the petitioner is in custody since 27.07.2009, the challan has been presented and the investigation is over. He further contends that the petitioner is a student of I.T.I. and has been roped in the case. He further contends that the case before the Trial Court is fixed for 16.11.2009 for framing of the charge. He further contends that the prosecution has cited ten witnesses and the trial is not likely to conclude soon. He further contends that the co-accused of the petitioner has been granted bail by the learned Trial Court. Criminal Misc. No. M-27314 of 2009 . Counsel for respondent-State, on the other hand, contends that the allegations against the petitioner are clear and specific that he had made an attempt to outrage the modesty of the girl. Counsel for the complainant further submits that out of fear and tension, the prosecutrix had taken some medicine, for which she had to be admitted in the hospital and remained there. Counsel for respondent-State and counsel for the complainant, therefore, pray that the present petition be not allowed and the petitioner be not granted the benefit of bail. I have heard counsel for the parties and have gone through the records of the case. Keeping in view the fact that the allegations, which have been made in the F.I.R. and the evidence, which has been collected by the prosecution, does not suggest the commission of offence under Section 376 I.P.C. against the petitioner and also keeping in view the fact that the petitioner is a student of I.T.I. and the trial is not likely to conclude soon alongwith the fact that the co-accused Naveen Kumar has been released on bail, the present petition is allowed. The petitioner is directed to be released on bail to the satisfaction of the Trial Court. The observations made in the present order, shall have no bearing upon the merits of the case, pending before the Trial Court. (AUGUSTINE GEORGE MASIH) JUDGE November 03, 2009. sjks. -2-