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Judgment
Rajan Gupta, J.—This is a petition u/s 439 Code of Criminal Procedure seeking regular bail in a case registered against the Petitioner u/s 395 IPC at Police Station S.B.S. Nagar, District S.B.S. Nagar, vide FIR No. 45 dated 15th May, 2010.
Learned Counsel for the Petitioner submits that co-accused have already been released on bail vide order dated 21.9.2010 (Annexure P-1). He further submits that the Petitioner has been in custody for more than four months and trial is already in progress. According to him, no useful purpose will be served by detaining the Petitioner in custody any longer.
Learned State counsel has opposed the prayer for bail on the ground that the allegations against the Petitioner are serious in nature. He, however, submits that after completion of investigation, challan was presented before the competent court of jurisdiction and charge has already been framed.
Heard.
Keeping in view the facts and circumstances of the case, the period of incarceration already undergone by the Petitioner and the stage of trial, I am of the considered view that no useful purpose will be served by detaining the Petitioner 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 is directed to be released on bail to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Shahid Bhagat Singh Nagar.