Criminal Misc. No. M-7391 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-7391 of 2011 Date of decision : 05.04.2011 Usha Rani ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Divjyot S. Sandhu, Advocate for the petitioner. Mr. Shilesh Gupta, Deputy Advocate General, Punjab. RAJAN GUPTA J. (ORAL) This is a petition filed under Section 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the petitioner vide FIR No. 159 dated 12.10.2010 under Sections 363, 366, 376/120-B IPC at Police Station Kapurthala City. Learned counsel for the petitioner contends that petitioner who is a lady is in custody since 12.10.2010. He submits that case is at the stage of recording prosecution evidence, thus, no useful purpose would be served by detaining the petitioner in custody during the pendency of trial. He further submits that main accused namely Gaurav Sharma is already in custody. Learned State counsel has opposed the prayer for bail on the ground that allegations against the petitioner are serious. He, however, on instructions from ASI Mohinder Singh, who is present in court, does not Criminal Misc. No. M-7391 of 2011 2 dispute the fact that two prosecution witnesses have already been examined and some prosecution evidence is likely to be led on 15.04.2011. Keeping in view the aforesaid contentions, period of incarceration of the petitioner and the fact that trial may still take some time to conclude, I am of the considered view that no useful purpose would be served by detaining the petitioner in custody any longer. Without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to the petitioner. Accordingly, the petition is allowed and petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Kapurthala. April 05, 2011 (RAJAN GUPTA) Ajay JUDGE