Amit v. State Of Haryana

CRM-M 7459/2023 2023:PHHC:091017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M 7459/2023 Date of decision: 18.07.2023.

Amit son of Ajeet Singh ..................Petitioner Vs.

State of Haryana ..................Respondent

CORAM

HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Parmod Kumar Parmar, Advocate for the petitioner. Mr. Brijesh Sharma, AAG Haryana.

Nidhi Gupta, J.

In this first petition under Section 439 Cr.PC, petitioner prays for grant of regular bail in case FIR No. 149 dated 13.8.2022 under Sections 306/34 IPC, registered at PS Satnali, District Mohindergarh, Haryana. Ld. Counsel for the petitioner/husband of deceased submits that in the FIR there is no allegation against the petitioner regarding any dowry demand made by him. It is submitted that FIR was registered on 13.8.2022 and petitioner is in custody since 14.8.2022. Ld. Counsel further submits that nothing has been recovered from the petitioner, and complainant/ brother of the deceased wife of the petitioner, has already been examined and therefore, there can be no apprehension that petitioner could threaten or interfere with the prosecution evidence.

Custody certificate dated 17.7.2023, produced by ld. State counsel is taken on record.

RAJINDER PARSHAD JOSHI 2023.07.19 16:14 I attest to the accuracy and integrity of this document

CRM-M 7459/2023 2023:PHHC:091017 Ld. State counsel while contesting the prayer for regular bail refers to para 7 of the reply filed by the State to submit that complainant has been examined in the present matter and perusal thereof reveals that he has supported the case of the prosecution. It is submitted that Complainant has deposed that the petitioner was alcoholic and deceased used to be disturbed as the petitioner used to take excessive liquor. Ld. State counsel further submits that perusal of the deposition of the complainant reveals that the complainant had made complaints against the petitioner to the police in the past, however, each time the matter was compromised upon promise of the petitioner to mend his ways. Custody certificate reveals that the petitioner is in custody since 15.8.2022 and has undergone 11 months and 3 days only.

After hearing ld. Counsel for the parties and keeping in view the totality of the facts and circumstances, as also the period undergone by the petitioner, and without commenting on the merits of the case, I find no ground is made out for grant of regular bail to the petitioner. Present petition accordingly stands dismissed. 18.07.2023.

(Nidhi Gupta) Joshi Judge Whether speaking/reasoned Yes Whether reportable Yes/No RAJINDER PARSHAD JOSHI 2023.07.19 16:14 I attest to the accuracy and integrity of this document