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High Court of Punjab and HaryanaCRM-M/28195/2018allowed

Pranav Chaudhary v. State Of Haryana

2018-08-09Mr. Justice Jasgurpreet Singh Puri3 pages

216 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 09.08.2018 Pranav Chaudahry

...Petitioners

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Gautam Dutt, Advocate, for the petitioner.

Ms. Gaganpreet Kaur, AAG, Haryana.

**** JAISHREE THAKUR, J. (ORAL) This is a petition that has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 895 dated 23.10.2017 under Sections 304-B/ 498-A/ 34 IPC, registered at Police Station Karnal Civil Lines, District Karnal.

Learned counsel appearing on behalf of the petitioner would contend that all allegations as set out in the FIR do not make out any offence under Sections 306/ 304-B IPC. It is argued that, in fact, it is a case where the family had found that the deceased was in conversation with one Pankaj and there are over 800 calls to this effect. It is also submitted that the petitioner herein was working as SDO in District Shamali (Uttar Pradesh), whereas the deceased resided with him only for one month and thereafter took coaching classes in Delhi to get admission in M.Sc., whereas she did

-2not hold a valid B.Sc. degree. Learned counsel for the petitioner also submits that statement of the material witnesses, namely father, mother and other relatives have been recorded, wherein they have not supported the version of the prosecution. It is also contended that the petitioner herein has been in custody since 29.11.2017. In this background, he prays for grant of regular bail to the petitioner herein.

Learned counsel appearing on behalf of the respondent-State does not dispute the fact that the material witnesses have since turned hostile while submitting that the allegations are serious in nature. I have heard learned counsel for the parties. In view of the fact that the petitioner herein has been incarcerated since 29.11.2017 and the material witnesses have since turned hostile, the present petition is allowed. Without expressing any opinion on merits of the case, the petitioner is ordered to be released on regular bail on furnishing bail bonds and surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, concerned subject to following terms:- (i) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.

(ii) In the event of his absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the accused shall have to apply for bail afresh before the trial Court.

-3- (iii) He shall not leave the country without the previous permission of the Court.

09.08.2018 (JAISHREE THAKUR) JUDGE Whether speaking/reasoned Yes.

Whether reportable No.