(1.) The present petition filed under Section 439 Code of Criminal Procedure is for grant of regular bail to the Petitioners in case FIR No. 139, dated 29.6.2010, under Sections 316, 323, 34 IPC, registered at Police Station City, Gurdaspur.
(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully.
(3.) It has been contended by learned Counsel for the Petitioners that they have been continuing in custody since 12.7.2010. Further contends that they have been falsely implicated in this case at the instance of complainant as complainant and Petitioners were lodged in the jail in the same barrack and there was previous dispute between them. Further contends that the alleged occurrence is dated 14.6.2009 and however, report was lodged on 29.6.2010, after abortion. It is also contended that complainant was anemic and was also having less platelets count and hence it was a premature delivery. Further contends that there is no medical evidence that abortion was due to any injury and rather no injury was found on the person of the complainant.