Mehar Chand And ANR v. State Of Haryana

PANKAJ KUMAR 2021.07.16 19:06 CRM-M No.20829 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.20829 of 2021 (O&M) Date of Decision:16.07.2021 (Heard through VC) Mehar Chand and another

...Petitioners

Versus

State of Haryana

...Respondent

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. Rakesh Gupta, Advocate for the petitioners.

Mr. Dhruv Sihag, AAG, Haryana.

Mr. D.S. Nigha, Advocate for the complainant.

**** JAISHREE THAKUR, J.

(ORAL) This is a petition that has been filed for grant of regular bail to the petitioners in FIR No.59 dated 19.04.2021 registered under Sections 304-B, 316, 34 IPC at Police Station Sadar Jagadhari, District Yamuna Nagar.

Learned counsel for the petitioners herein would contend that the petitioners have been implicated falsely in the said FIR. It is further contended that the matter has been investigated and the challan stands presented. He further relies upon affidavit, which is available on record as Annexure P-4, furnished by the complainant wherein the complainant categorically stated that the deceased was never harrased by the petitioners for demand of dowry and they are not responsible for her death and he lodged the instant FIR under misunderstanding and mis-apprehension. The

CRM-M No.20829 of 2021 (O&M) -2trial is likely to take some time to conclude and therefore, prays for concession of bail to the petitioner.

Learned counsel for the respondent-State opposes grant of bail to the petitioners by contending that the allegations levelled against him are serious in nature, however, he does not dispute the fact that the investigation has been completed and the challan stands presented. I have heard learned counsel for the parties. Keeping in view the fact that the matter has been investigated and the challan stands presented and the fact that the trial is likely to take some time to conclude owing to present COVID-19 situation, no useful purpose would be served in keeping the petitioner behind bars. The instant petition is allowed and the petitioner is directed to be released on regular bail on execution of adequate personal/surety bond to the satisfaction of concerned trial Court/Duty Magistrate. However, any observation made herein shall not be construed to be an expression on merits of the case.

(JAISHREE THAKUR) July 16, 2021 JUDGE Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No