IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-15363 of 2009 (O/M). Date of Decision : November 03, 2009. Amit Kumar ...... Petitioner(s). Versus. State of Punjab ..... Respondent(s). CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. R.S. Modi, Advocate, for the petitioner (s). Mr. A.S. Rai, A.A.G. Punjab. AUGUSTINE GEORGE MASIH, J. (ORAL). Counsel for the petitioner submits that the petitioner is in custody since 03.04.2009. He is a student of 10+2. He contents that there is no allegation of rape against the petitioner. The only allegation is that he had enticed the daughter of the complainant, namely, Renu and eloped with her. He refers to the statement of the prosecutrix and submits that no force was used by the petitioner. He further contends that the age of the prosecutrix is 16 to 17 years, as given by the father of the prosecutrix. He further contends that the petitioner being a young student, should be granted the benefit of bail as till date out of 11 prosecution witnesses, cited by the prosecution, not even one has been examined and the next date of hearing before the Trial Court is 18.11.2009. His further contention is that further incarceration of the petitioner in custody, would be of no help to the prosecution, rather, he is losing out his studies, he being in jail. Criminal Misc. No. M-15363 of 2009 . On the other hand, counsel for respondent-State submits that the allegations are serious against the petitioner as he has been charged under Section 363, 366-A I.P.C. He contends that the release of the petitioner on bail would not be conducive to the interest of prosecution. However, he is unable to rebut the contention raised by counsel for the petitioner that not even one prosecution witness has been examined till date and the petitioner is a student of 10+2 and is aged about 22 years. I have heard counsel for the parties and have gone through the records of the case. The contention of counsel for the petitioner with regard to petitioner being in custody since 03.04.2009 and till date not even one prosecution witness having been examined as there are 11 witnesses, goes to show that the trial is not proceeding against the petitioner. In view of the fac that the petitioner is a 10+2 student and the investigation is complete, further incarceration of the petitioner in custody would not in any way be helpful to the prosecution, but would be counter productive as far as the petitioner is concerned as he would be losing out his studies. The trial is not likely to conclude soon as till date not even one witness has been examined out of 11 prosecution witnesses, cited by the prosecution. Keeping in view the totality of the facts and circumstances of the case, the present petition is allowed. The petitioner is directed to be released on bail to the satisfaction of the Trial Court. (AUGUSTINE GEORGE MASIH) JUDGE November 03, 2009. sjks. -2-