In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 22680 of 2010 (O&M) Date of decision: 14.9.2010 Ankur Sagar @ Babla Sagar ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Kapil Aggarwal, Advocate, for the petitioner. Ms.Shubhra Singh, DAG, Haryana. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 38 dated 27.1.2010, under Sections 363, 366, 304-A, 279 of the Indian Penal Code registered at Police Station Sadar Thanesar District Kurukshetra. The allegation against the petitioner is that he had enticed away deceased Rimpi, a minor, with an intention to solemnize marriage with her. However, they met with an accident, which resulted in the death of Rimpi. Learned counsel for the petitioner has submitted that the petitioner and the deceased were having a love affair. The deceased had come from Yamuna Nagar to Karnal and from there, the Criminal Misc. No.M- 22680 of 2010 (O&M) -2- petitioner and the deceased had started towards Ambala on a motorcycle. Unfortunately, Rimpi fell from the motorcycle and came under a truck, which was coming from behind. The petitioner is in custody since 28.1.2010 and is aged about 21 years. Learned State counsel, on the other hand, has opposed this petition. Keeping in view the fact that the petitioner is in custody since 28.1.2010 and the facts and circumstances of the case, it would be just and expedient to release the petitioner on bail. The fact that whether the petitioner is guilty of the alleged offence or not would more appropriately be gone into and considered during trial. Challan has already been presented in this case and the case is fixed before the trial Court for prosecution evidence. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate Kurukshetra. (SABINA) JUDGE September 14, 2010 anita