JUDGMENT Mr. Mehinder Singh Sullar, J. (Oral) - The petitioner has directed the instant petition, for the grant of concession of regular bail, in a case registered against him, vide FIR No.69 dated 6.7.2014, on accusation of having committed the offences punishable under sections 376, 506 and 511 IPC by the police of Police Station Fattudhinga, District Kapurthala 2. Notice of the petition was issued to the State. 3. After hearing the learned counsel for the parties, going through the record with their valuable help and considering the entire matter deeply, to my mind, the present petition for regular bail deserves to be accepted in this context. 4. Concisely, the prosecution, inter-alia, claimed that on 4.6.2014, the petitioner, who is son of uncle-in-law of prosecutrix (name intentionally withheld) came to her house, woke her by holding her arms and tried to assert force. No other specific role or particular part is attributed to the petitioner in the FIR. Therefore, in that eventuality, as to whether the offence punishable u/s 376 read with section 511 IPC, is made out against the petitioner or not, inter-alia, would be a moot point to be decided during the course of trial after receipt of evidence of parties by the trial Court. 5. Not only that, the present incident has occurred on 4.6.2014, whereas, the instant case was registered against the petitioner on 6.7.2014, i.e. after a gap of more than one month thereafter, without any explanation. 6. Moreover, the petitioner was arrested on 7.7.2014. Since then, he is in judicial custody and no useful purpose would be served to further detain him in jail. There is no history of his previous involvement in any other criminal case. Even since the prosecution has not yet submitted the final police report (challan) against the petitioner, so, the final conclusion of trial will naturally take a long time. 6. In the light of aforesaid reasons, taking into consideration the totality of the facts & circumstances, oozing out from the record, as depicted here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side, during the course of trial of main case, the instant petition for regular bail is accepted. The petitioner is ordered to be released on bail on his furnishing adequate bail and surety bonds to the satisfaction of CJM Kapurthala. 7.
The petitioner is ordered to be released on bail on his furnishing adequate bail and surety bonds to the satisfaction of CJM Kapurthala. 7. Needless to mention that, nothing observed here-in-above, would reflect on the merits in the trial of main case, in any manner, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail only. ---------0.B.S.0------------ —————————