AZAD KHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER is facing prosecution for the offences under Sections 363, 366 and 376 IPC. By referring to contents of statement of the prosecutrix, counsel states that against the petitioner, there is no allegation of rape. Only allegation against him is that he along with Ali Mohammad, the main accused, had taken the prosecutrix to Delhi. Thereafter, prosecutrix and Ali Mohammad went to Mumbai and resided there for about two months. PETITIONER is stated to be in jail since November 23, 2005. Facts, referred to above, have not been controverted by the State counsel on getting instructions from ASI Ramesh Chander.

(2.) WITHOUT expressing any opinion on merits of the case, this petition is allowed and during pendency of the trial, petitioner is ordered to be released on bail to the satisfaction of Chief Judicial Magistrate, Faridabad.