Vishesh v. State Of Haryana

CRM-M No.506 of 2020 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.506 of 2020 Date of Decision.14.01.2020 Vishesh

...Petitioner

Vs State of Haryana

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Aditya Sanghi, Advocate for the petitioner.

Ms. Trishanjali Chopra, AAG, Haryana.

-.- JAISHREE THAKUR J. (ORAL) The instant petition has been filed under Section 439 Cr.P.C for grant of regular bail to the petitioner in case FIR No.173 dated 31.03.2019 under Section 306 IPC registered at Police Station City Sirsa, District Sirsa. Mr. Sanghi, learned counsel appearing on behalf of the petitioner would contend that allegations as set out in the FIR would not constitute any offence under Section 306 IPC, while further contending that marriage was performed 10 years prior to occurrence of incident and during the interregnum, there was no complaint ever made by Nisha, the deceased. It is also argued that investigation is complete and charges have been framed, subsequent to which main witnesses have been examined, who have not supported the case of prosecution, therefore, the petitioner is entitled to be enlarged on regular bail.

Per contra, learned counsel appearing on behalf of the respondent-State opposes the bail application, while contending that the offences alleged against the petitioner are serious in nature, therefore, the PANKAJ KUMAR 2020.01.15 13:52 I attest to the accuracy and integrity of this document

CRM-M No.506 of 2020 -2petitioner is not entitled to concession of regular bail. I have heard learned counsel for the parties. Since the trial court is likely to take some time and in view of the fact that marriage was 10 years old and there was no complaint during said period by Nisha, the deceased and furthermore, the witnesses examined have not supported the case of prosecution, no useful purpose would be served in keeping the petitioner behind the bars. Consequently, the instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal bond and surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein is not to affect the merit of the case. (JAISHREE THAKUR) JUDGE January 14, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.01.15 13:52 I attest to the accuracy and integrity of this document