Jitender vs State of Haryana

Rajan Gupta, J.—This is a petition filed u/s 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the Petitioner vide FIR No. 382 dated 26.12.2010 under Sections 363, 366-A, 376 IPC at Police Station Nangal Kalan (Sonipat).

Learned Counsel for the Petitioner contends that Petitioner is in custody since 04.01.2011 and case is still at the stage of recording prosecution evidence. He submits that from the allegations, element of consent of prosecutrix is clearly there. He further submits that material prosecution witnesses have already been examined, thus, no useful purpose would be served by detaining the Petitioner in custody any longer.

Learned State counsel has opposed the prayer for bail on the ground that allegations against the Petitioner are serious. He, however, does not dispute the fact that material prosecution witnesses have been examined and only formal witnesses remain to be examined.

Keeping in view the aforesaid contentions, period of incarceration of the Petitioner and the fact that material prosecution witnesses have been examined, I am of the considered view that no useful purpose would be served by detaining the Petitioner in custody any longer. Without expressing any opinion on the merits of the case, I deem it appropriate to grant regular bail to the Petitioner. Accordingly, the petition is allowed and Petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Sonipat.