Dinesh v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.29362 of 2021 Date of Decision:02.08.2021 DINESH ......Petitioner Vs STATE OF HARYANA .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Vikram Singh, Advocate for the petitioner.

Mr. Zorawar Singh Chauhan, DAG, Haryana.

**** RAJ MOHAN SINGH, J.(Oral) The case has been taken up for hearing through videoconferencing Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.384 dated 08.12.2020, registered under Sections 328, 379, 120-B IPC at Police Station Israna, District Panipat.

Dinesh son of Ram Bhaj was married to Sunita on 02.12.2020. Krishna was mediator from the boy side and the petitioner was mediator from the girl side. The mediator from the boy side got the petitioner his wife and mother introduced

 with the complainant party for the purpose of aforesaid marriage, so that the petitioner may also convince his party i.e. Boy side. After solemnizing the marriage, the complainant and his parents took milk together and thereafter Sunita served the milk to them. After consuming the milk they got fainted. When they regained consciousness, they found themselves in the hospital. The allegations are of administering poison by Sunita. Further, allegations are that when the complainant came to their house they found the house scattered and Sunita was missing. Sunita took away cash amount of Rs.80,000/- and other articles which were given to her as gift in the marriage. The allegations are of connivance against the petitioner, his wife, his mother and sister that they had helped Sunita in the aforesaid occurrence. Petitioner was arrested on 26.03.2021. Challan has already been submitted on 17.05.2021.

Learned State counsel however, opposed the bail on the ground that the petitioner being mediator from girl side has participated in the aforesaid occurrence. The mediator from boy side namely Krishna has already been granted regular bail by this Court vide order dated 30.06.2021 passed in CRM-M No.23826 of 2021.

It is not in dispute that challan has already been submitted. Petitioner is in custody since 26.03.2021. The

 complicity of the petitioner would be tested on the basis of evidence to be led by the parties at an appropriate stage. No overt-act has been attributed to the petitioner in the context of administering poison to the complainant and his family members.

Looking to the aforesaid facts and in view of the situation arising out due to COVID-19 pandemic, I deem it appropriate to enlarge the petitioner on regular bail, without meaning anything on the merits of the case.

In view of above, petition is allowed. Petitioner is ordered to be released on regular bail, subject to his furnishing adequate bail bonds/surety bonds to the satisfaction of the trial Court/concerned Duty Magistrate.

Nothing expressed hereinabove would be construed to be an expression of any opinion on merits of the case. (RAJ MOHAN SINGH) 02.08.2021 JUDGE Amandeep Whether speaking/reasoned Yes/No Whether reportable Yes/No