IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-17363 of 2009 (O&M) Date of decision : 9.9. 2009 Sunny ....Petitioner Versus State of Haryana ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Rajesh Hooda, Advocate for the petitioner. Ms.Sushma Chopra, Addl.A.G., Haryana. ..... 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.970 dated 12.12.2008 under Sections 354/376 IPC, at Police Station City Panipat. It is contended by the learned counsel for the petitioner that the prosecutrix has not supported the case of the prosecution while getting her statement recorded before the Court which is appended to the petition as Annexure P-2. He further contended that in this view of the matter the petitioner deserves the concession of bail. He next contended that the petitioner is in custody since 17.12.2008. Crl.Misc.No.M-17363 of 2009 (O&M) -2- On the other hand, learned counsel for the State has contended that the petitioner is involved in a serious offence and therefore he does not deserve the concession of bail. After hearing the learned counsel for the parties and having regard to the fact that the the petitioner is in custody since 17.12.2008 and the fact that the prosecutrix has not supported the case of the prosecution vide her statement Annexure P-2, without expressing any opinion on the merits of the case and also without expressing any opinion on the testimony of the prosecutrix, I deem it appropriate to accept the present petition. 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, Panipat. 9.9.2009 (MAHESH GROVER) JUDGE dss