Bunty and Another vs State of Punjab

Rajan Gupta, J.—This is a petition u/s 439 Cr.P.C. seeking regular bail in a case registered against the petitioners under Sections 307, 325, 324, 323, 109, 148, 149 IPC, at Police Station Kotwali Bathinda, District Bathinda, vide FIR No. 712 dated 28th September, 2009.

Learned Counsel for the petitioners at the outset submits that he does not press the petition for bail in respect of petitioner No. 1, namely, Bunty son of Darshan at this stage.

Dismissed as withdraw qua petitioner No. 1.

As regards petitioner No. 2, learned Counsel submits that petitioner No. 2 is in custody since 1st October, 2009 and the trial of the case may take long time to conclude. He further submits that grievous injury is not attributed to this petitioner.

Learned State counsel has opposed the prayer for bail on the ground that the allegations against the petitioner are serious in nature. She, however, does not dispute the fact that the trial is in progress and two prosecution witnesses have already been examined.

Keeping in view the aforesaid contentions and the fact that petitioner No. 2 is in custody since 1st October, 2009, I am of the considered view that no useful purpose will be served by detaining the petitioner No. 2 in custody during the pendency of the trial as the trial may take long time to conclude. Thus, without expressing any opinion on the merits of the case, this petition is allowed and the petitioner No. 2 is directed to be released on bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Bathinda.