Criminal Misc. -M No. 16050 of 2011 (1) IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc. -M No. 16050 of 2011 (O&M) Date of decision : 28.11.2011 Vicky .. Petitioner versus State of Punjab .. Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. S. S. Sidhu, Advocate, for the petitioner. Mr. B. B. S. Teji, Senior Deputy Advocate General, Punjab. Rajesh Bindal, J. Prayer in the present petition is for grant of bail pending trial in case FIR No. 268 dated 12.4.2010, registered under Sections 376, 365, 342, 328 IPC at Police Station Kotwali, District Bathinda. Learned counsel for the petitioner submitted that despite numerous opportunities, the prosecution has not been able to examine the prosecutrix. Her bailable warrants were issued but received back unserved. He further submitted that as per prosecution evidence led till date, no case has been made out against the petitioner. The petitioner is in custody for the last fourteen months. He further submitted that though the prosecutrix was stated to be missing from 4.4.2010 but no FIR for her missing was recorded. She came back on 10.4.2010 and got the FIR registered on 12.4.2010. She was having her son aged about 1 ½ years but still the allegation is that the petitioner had confined her at a brick kiln, which is totally false. On the other hand, learned counsel for the State on instructions from Inspector Mohri Lal submitted that efforts are being made to locate the prosecutrix, however, she is not living at the given address. Criminal Misc. -M No. 16050 of 2011 (2) After hearing learned counsel for the parties and considering the fact that despite numerous opportunities, the prosecution has not been able to examine the prosecutrix and all efforts to serve her remained futile, in my opinion, the petitioner deserves concession of bail pending trial. He is directed to be released on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Bathinda. The petitions stand disposed of. 28.11.2011 ( Rajesh Bindal ) vs Judge