Crl. Misc. No. M-30796 of 2011 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-30796 of 2011 Date of Decision: December 5, 2011 Randhir …..Petitioner Vs. State of Haryana …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Pankaj Mehta, Advocate for the petitioner. Ms. Shalini Attri, DAG, Haryana. -.- M.M.S. BEDI, J. (ORAL) Petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Banta Singh, complainant, alleging that his daughter was enticed away by non-petitioner Sandeep. Petitioner is the real brother of Sandeep. He is alleged to have taken Sandeep and the prosecutrix to different relatives. He is alleged to have shared common intention with the main accused. The claim of Sandeep is that he had married the prosecutrix against the wishes of her family members. Crl. Misc. No. M-30796 of 2011 (O&M) [2] Without expression of any opinion on merits of the case, it is sufficient to observe that the petitioner has not been attributed any sexual assault on the prosecutrix. In view of peculiar circumstances of this case, where the allegations are against the real brother of petitioner Sandeep, it will be debatable during trial whether the petitioner had actually committed any offence of conspiracy or that he shared any common intention with Sandeep. As per the instructions of ASI Balbir Singh, State counsel informs that the petitioner has joined investigation. In view of the above, the petition is allowed and it is ordered that in case of arrest of the petitioner he will be released on bail to the satisfaction of the arresting officer subject to the conditions that he will join investigation as and when required by the police and that he will not tamper with the evidence or hamper the investigation in any manner. December 5, 2011 (M.M.S.BEDI) sanjay JUDGE