Crl.M.No.23199-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.23199-M of 2010(O&M) Date of Order: 27.8.2010 Mahabir .....Petitioner Vs. State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. R.S. Mamli, Advocate for the petitioner. JASWANT SINGH, J (ORAL) Crl.M.No.41351 of 2010 Application is allowed as prayed for. Crl.M.No.23199-M of 2010 Prayer under Section 439 Cr.P.C is for grant of regular bail in case FIR No.102 dated 2.5.2010 under Sections 376-G/120-B/379 IPC, P.S Sadar Tohana, District Fatehabad. As per allegations in the FIR, petitioner along with his co- accused are stated to have by turn forcibly committed intercourse with the prosecutrix. Learned counsel submits that the co-accused of the petitioner, namely, Beda Singh and Satish, who are identically situated like the petitioner, have already been granted the concession of bail by this Court vide order dated 16.8.2010. He further submits that even otherwise the prosecutrix Rita Devi and her husband-Anandi Ram, alleged eye witness have turned hostile before the ld. Trial Court. Crl.M.No.23199-M of 2010 #2# Notice of motion. On the asking of the Court, Mr. M.S. Sindhu, Addl.A.G, Haryana, who is present in court, accepts notice and on instructions from SI Phool Kumar, he does not refute the aforesaid contentions. Keeping in view of the fact that the co-accused have been granted the concession of bail and that the prosecutrix and her husband have not supported the prosecution case, no useful purpose would be served to keep the petitioner in custody any longer. Therefore, it is ordered that the petitioner shall be released on bail to the satisfaction of the Chief Judicial Magistrate, Fatehabad. Petition stands allowed. August 27, 2010 ( JASWANT SINGH ) manoj JUDGE