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High Court of Punjab and HaryanaCRM-M/26417/2019allowed

Geeta v. State Of Haryana

2019-11-13Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-26417-2019 (O&M) Date of Decision:-13.11.2019 Geeta ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Kartar Singh Malik-I, Advocate for the petitioner. Ms. Aditi Girdhar, Assistant Advocate General, Haryana, assisted by SI Surender Singh.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking grant of regular bail in respect of a case registered vide FIR No.407 dated 23.8.2018 at Police Station Kharkhoda, District Sonepat under Sections 304-B, 120-B and 34 of Indian Penal Code (alternate charge under Section 302 IPC). 2.

The FIR was lodged at the instance of Jagdish, wherein it has been alleged that his daughter Priyanka was married to Naveen on 22.7.2018 and although he had given dowry beyond his capacity but the husband and mother-in-law of his daughter were not happy with the same and used to harass her daughter in order to press upon their demands of dowry. 3.

The learned counsel for the petitioner has submitted that during the proceedings of trial the statement of complainant i.e. father of the deceased PANKAJ KAKKAR 2019.11.13 17:01 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-26417-2019 (O&M) as well as the mother and uncle of the deceased have been recorded but they have not supported the case of prosecution at all. 4.

The aforestated position is not disputed by the learned State counsel. 5.

The learned State counsel has, however, informed that the petitioner has been behind bars since the last more than 1 year and 2 months and that till date 10 out of the cited 15 PWs have been examined.

6.

Having regard to the facts and circumstances of the case and especially that the complainant and other eye-witnesses have not supported the case of prosecution and that the petitioner has been behind bars since the last 1 year and 2 months, further detention of the petitioner will not serve any useful purpose as conclusion of trial is likely to take some time. The petition, as such, is accepted and it is ordered that the petitioner be released on bail subject to her furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate, concerned. 13.11.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2019.11.13 17:01 I attest to the accuracy and integrity of this document