Criminal Misc. No. M-6309 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-6309 of 2010 Date of decision : 29.06.2010 Sephiya @ Mohd. Yousaf ....Petitioner V/s State of Punjab ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. R.S. Thakur, Advocate for the petitioner. Mr. Shailesh 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 to the petitioner in a case registered vide FIR No. 144 dated 11.12.2007 under Sections 363-A, 366, 376, 341, 506, 120-B, 148, 149 IPC at Police Station Rahon, District Shaheed Bhagat Singh, Nagar. Learned counsel for the petitioner has argued that in the FIR there is no allegation against the petitioner of having committed an offence under Section 376 IPC. He submits that role of the petitioner is similar to that of Sheru, Nikku and Yusuf, who have already been enlarged on bail by the trial court. Learned State counsel has, however, opposed the prayer for bail on the ground that allegations against the petitioner are serious in nature. He, however, does not dispute the fact that there is no allegation against the petitioner of having committed the rape on the prosecutrix. Criminal Misc. No. M-6309 of 2010 2 I have heard learned counsel for the parties. It is evident that petitioner has been in custody since 03.12.2009 and the trial is still at the stage of recording of prosecution evidence. In the facts and circumstances of the case, 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, Shaheed Bhagat Singh, Nagar. June 29, 2010 (RAJAN GUPTA) Ajay JUDGE