IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-24443 of 2009 (O&M) Date of decision : 24.9. 2009 Hardip Singh @ Bila ....Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.K.D.S.Sodhi, Advocate for the petitioner. Mr.B.B.S.Teji, AAG, Punjab for the State. ..... MAHESH GROVER, J. This is a petition under Section 439 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a case registered vide FIR No.64 dated 25.3.2009 under Sections 420, 376 IPC at Police Station Nakodar, District Jalandhar. The petitioner is alleged to have allured the prosecutrix to have sexual interrcourse on the pretext of getting married to her. The denial of matrimony on the part of the petitioner has resulted in lodging of the FIR. It is contended by the learned counsel for the petitioner that he is in custody since 28.4.2009 and the facts of the FIR prima facie reveal that the prosecutrix was romantically involved with the Crl.Misc.No.M-24443 of 2009 (O&M) -2- petitioner and that possibility of consensual intercourse cannot be ruled out. On the other hand, learned counsel for the State contended that the offence is serious and the petitioner ought not to have been granted the concession of bail. After hearing the learned counsel for the parties and having regard to the fact that even according to the FIR the prosecutrix has indicated that she was involved with the petitioner, I am of the opinion that the present petition deserves to be accepted. Consequently, the petition is allowed and the petitioner is directed to be released on bail under the provisions of Section 439 Cr.P.C. Bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Jalandhar. 24.9.2009 (MAHESH GROVER) JUDGE dss