Crl.M.No.20104-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.20104-M of 2010 Date of Order: 27.8.2010 Mandeep @ Lala .....Petitioner Vs. State of Haryana .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. R.S. Mamli, Advocate for the petitioner. Mr. M.S. Sindhu, Addl.A.G, Haryana. JASWANT SINGH, J (ORAL) Prayer under Section 439 Cr.P.C is for grant of bail in case FIR No.102 dated 2.5.2010 under Sections 376-G,120-B,379 IPC, P.S Sadar Tohana, District Fatehabad. Learned counsel submits that there is no allegation of commission of rape by the petitioner upon the prosecutrix. The only role ascribed to him is that he stole battery and sim of the mobile of the husband of the prosecutrix, who is stated to be present at the spot while the alleged rape was committed by the rest of the co-accused. Learned counsel further submits that rest of the co-accused have been granted bail and even otherwise, the prosecutrix Rita Devi and her husband Anandi Ram have turned hostile before the ld. Trial Court. Petitioner is stated to be in custody since 2.5.2010. Learned state counsel on instructions from SI Phool Kumar, does not refute the aforesaid contentions. Crl.M.No.20104-M of 2010 #2# 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. Accordingly, petition is allowed. August 27, 2010 ( JASWANT SINGH ) manoj JUDGE