Crl.M.No.M-4416 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-4416 of 2010 (O&M) Date of Decision: May 6, 2010 Salim Juneja .....Petitioner v. The State of Punjab ......Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.M.S.Rai, Advocate for the petitioner. Mr.Gaurav Garg Dhuriwala, AAG,Punjab. ...... RAM CHAND GUPTA, J.(Oral) The present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.166, dated 24.11.2009, under Sections 363/366-A/120-B IPC, registered at Police Station City Fazilka, District Ferozepur. I have heard learned counsel for the parties and have gone through the whole record carefully. It has been contended by learned counsel for the petitioner that prosecutrix Akanksha is major and she had gone with petitioner with her free will and the marriage of the petitioner with prosecutrix was solemnised. He has also placed on record birth certificate of the prosecutrix, issued by Chief Registrar, Births and Deaths, Punjab, Annexure P3, showing the date of birth of the prosecutrix as 17.10.1991 and the photographs of the marriage, Annexure P4. It is further contended that the trial is being intentionally lingered on at the instance of the complainant, who is maternal uncle of the prosecutrix, and that he did not appear before learned trial court despite service and he was ordered to be summoned through bailable warrants. He has also placed on record copy of order of learned trial Court dated 19.4.2010 in this regard. It is further contended that there is no allegation of rape against the petitioner and that prosecutrix is presently Crl.M.No.M-4416 of 2010 (O&M) -2- residing with her parents. Though all these facts are not disputed by learned State counsel, however, bail application has been opposed, on instructions from Ved Parkash, ASI, on the plea that prosecutrix has not been examined so far. I have considered all the facts of the case. Petitioner has been continuing in custody since 3.12.2009. Trial is not likely to be concluded in near future. There are no allegations on behalf of the State that petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts in the Court, if released on bail. In view of these facts and without expressing any opinion on the merits of the case, the present petition filed by petitioner-Salim Juneja for grant of regular bail is allowed. Bail to the satisfaction of CJM/Duty Magistrate, Ferozepur. 6.5.2010 (Ram Chand Gupta) meenu Judge