Crl.M.No.31697-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.31697-M of 2010 Date of Order: 15.11.2010 Bhupinder Singh and another .....Petitioners Vs. State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Veneet Sharma, Advocate for the petitioners. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. JASWANT SINGH, J (ORAL) Prayer under Section 439 Cr.P.C is for grant of regular bail in case FIR No.112 dated 4.9.2010 under Sections 376/148/149 IPC, P.S Dhanaula, District Barnala. As per allegations in the FIR, petitioners along with co-accused committed rape on the complainant. Learned counsel submits that the petitioner has been falsely roped in as from the allegations, no offence under Section 376 IPC is made out. He further submits that the prosecutrix Sarabjit Kaur in her statement under Section 164 Cr.P.C as well as before the learned Additional Sessions Judge, Barnala on 11.10.2010 has not supported the case of the prosecution besides the fact the petitioners are in custody since 4.9.2010. Learned state counsel, on instructions from HC Ranjit Singh, states that the investigation is over and the challan has been presented in this case. He is unable to deny that the prosecutrix in her statement under Crl.M.No.31697-M of 2010 #2# Section 164 Cr.P.C before the Magistrate has not inculpated the petitioners. Without commenting upon merit of the case and taking into account the statement of prosecutrix under Section 164 Cr.P.C and that the trial is not likely to conclude in near future, I find that no useful purpose would be served by keeping the petitioners in custody any longer. Accordingly, petition is allowed and the petitioners are ordered to be released on bail to the satisfaction of the learned Chief Judicial Magistrate, Barnala. November 15, 2010 ( JASWANT SINGH ) manoj JUDGE