Manpreet Singh Bhullar @ Many v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No. M-32353 of 2023 Date of decision :-18.08.2023 Manpreet Singh Bhullar @ Many .....Petitioner

Versus

State of Punjab .....Respondent CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Karandeep S. Sidhu, Advocate for the petitioner.

Mr. Pankaj Khullar, AAG, Punjab.

NIDHI GUPTA J. (Oral) Prayer in this petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner during pendency of the trial in case FIR No.65 dated 31.7.2022, under Section 304-B/34 IPC (later on Section 34 IPC was deleted), registered at Police Station City 2 Abohar, District Fazilka.

The present FIR was registered at the instance of Gurjit Kaur, who is mother of the deceased, whereby she stated that she was having three daughters and one son. Her youngest daughter Harpreet Kaur, 35 years of age, was married with petitioner Manpreet Singh Bhullar @ Many on 28.02.2021. After 3-4 months of marriage, petitioner as well as mother-in-law of deceased started harassing her on the pretext of bringing less dowry and used to give her beatings. It was further alleged that in the month of August, 2021 the deceased

daughter of complainant consumed some poisonous substance after getting fed up of the harassment from petitioner Manpreet Singh Bhullar @ Many and non-applicant Karamjit Kaur. When she reached her matrimonial house, she found that the condition of her daughter was very serious and they brought her to her parental house, where she was given treatment and since then her deceased daughter was residing with her. It was further alleged that an application regarding harassment by the petitioner was also moved before police officials of District Barnala and she (complainant) was summoned in relation to the inquiry on 27.07.2022. On 30.07.2022, she had gone to Gurdwara to pay obeisance and her daughter was alone at the house. At about 7.30 P.M. when she returned, she noticed that her daughter had committed suicide by hanging herself from the fan with the help of Chunni. Thereafter, she raised clamor and her son Gurpreet Singh reached the spot. In this background the FIR was registered against the accused persons.

Learned counsel for the petitioner/husband of the deceased has inter alia submitted that the petitioner was married to the deceased on 28.2.2021; and soon thereafter on 17.8.2021, the deceased had tried to commit suicide. It is submitted that fortunately she survived from the said attempt and went to her parental home and never returned to matrimonial home. It is submitted that the incident had occurred on 30.07.2022 in the parental home of the deceased and the petitioner was not present at the spot at that time. Learned counsel submits that the petitioner had even filed a petition under Section 9 of the Hindu Marriage Act, in which case, the deceased was proceeded

against ex-parte. It is also submitted that no suicide note has been recovered.

Learned State counsel has filed the custody certificate of the petitioner dated 17.8.2023. The same is taken on record. Copy thereof supplied to the counsel opposite. As per the custody certificate, the petitioner has been in custody for a period of 09 months and 18 days. Admittedly, there is no other case against the petitioner. Learned State counsel has submitted that out of total 14 prosecution witnesses, none has been examined so far. I have heard learned counsel for the parties and gone through the case file carefully.

After hearing learned counsel for the parties, this Court finds that the trial of the case is likely to consume considerable time as out of total 14 prosecution witnesses, none has been examined so far; and keeping in view fact that there is no other case against the petitioner and the custodial period of the petitioner, his further custody may not be justified. Therefore, without meaning any expression of opinion on the merits of the case, it is ordered that the petitioner be released on regular bail subject to his furnishing requisite bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned.

The petition is allowed.

August 18, 2023 ( NIDHI GUPTA ) Vijay Asija JUDGE Whether speaking/reasoned Yes / No Whether Reportable Yes / No