CRM No. M-29740 of 2010 1 In the High Court of Punjab and Haryana at Chandigarh. CRM No. M-29740 of 2010 Decided on:- 09.02.2011 Ali Mohammad @ Alia and Dinu ……Petitioners Versus State of Haryana …….Respondent CORAM HON’BLE MR. JUSTICE RAJAN GUPTA Present Mr. Jitender Dhanda, Advocate for the petitioners. Mr. Vikas Malik, AAG, Haryana. RAJAN GUPTA, J (Oral ) This is an application under Section 439 of the Code of Criminal Procedure seeking regular bail in a case against the petitioners registered under Sections 363, 366-A, 376 IPC at Police Station Sadar Hisar vide FIR No. 343 dated 22.4.2010. Learned counsel for the petitioners submits that the petitioners are in custody since 28.5.2009 and material witness of the prosecution i.e prosecutrix has already deposed before the Court and she has been subjected to cross examination. He submits that only allegations against the petitioners is that they facilitated the main accused Pawan to kidnap the prosecutrix. Learned State counsel opposed the bail on the ground that the allegations against the petitioners are serious in nature. He on instructions from HC Yudhvir Singh, however, does not dispute the fact that the prosecutrix has already been examined before the Court and trial is in progress. Keeping in view the aforesaid contention, period of incarceration of the petitioners and the fact that the trial may still take some CRM No. M-29740 of 2010 2 time to conclude, I am of the considered view that no useful purpose would be served by detaining the accused persons behind bars. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the petitioners are directed to be released on bail to the satisfaction of Chief Judicial Magistrate, / Duty Magistrate, Hisar. 09.02.2011 ( RAJAN GUPTA) mamta JUDGE