IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.Misc.Petition No. M-32842 of 2009 Date of Decision: 14.12.2009 Deepak. ....... Petitioner through Shri R.S.Sihota, Senior Advocate with Shri B.R.Rana, Advocate. Versus State of Haryana. ....... Respondent through Shri Gurpartap Singh Gill, Additional Advocate General. CORAM: HON'BLE MR.JUSTICE MAHESH GROVER .... 1. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? .... Mahesh Grover,J. This is a petition under Section 439 of the Cr.P.C. for grant of bail to the petitioner in an offence registered vide F.I.R.No.222 dated 1.7.2009 under Sections 363, 366, 376, 315, 506, 120-B of the I.P.C. at Police Station, SGM Nagar, Faridabad. The petitioner is accused of having connived with Brij Mohan, who is said to have enticed and abducted two girls, namely, Rajan and Usha. He is said to have taken Usha to hospital in his van where she was aborted of the foetus on account of pregnancy which was the result of rape having been committed by Brij Mohan. Learned counsel for the petitioner has contended that even if Crl.Misc.Petition No. M-32842 of 2009 -2- .... the allegations against the petitioner are taken to be correct, he is only accused of having taken the girl in his van to the hospital and no overt act constituting an offence punishable under Sections 363, 366 and 376 of the I.P.C. can be said to have been committed by him and, therefore, he deserves the concession of bail. On the other hand, learned counsel for the respondent-State has contended that the petitioner has facilitated the commission of the offence by Brij Lal and, therefore, he does not deserve any leniency in the matter of bail. After having heard the learned counsel for the parties and perusing the paper-book, and keeping in view the fact that the petitioner has been attributed the role of ferrying the girl to the hospital in his van and also the fact that he is in custody since July,2009 and the trial is likely to take some time, as also the fact that he has not been accused of the offences punishable under Sections 363, 366, 376 of the I.P.C., this petition is accepted and the petitioner is directed to be released on bail in the instant case subject to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate, Faridabad. Nothing observed herein shall be construed as an expression of opinion on the merits of the case. December 14,2009 ( Mahesh Grover ) “SCM” Judge