Vivek @ Lucky v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-33227-2019.

Decided on: August 21, 2019.

Vivek alias Vicky .. Petitioner

VERSUS

State of Punjab .. Respondent * * *

CORAM:

HON'BLE MR. JUSTICE HARI PAL VERMA * * * PRESENT Mr.C.M.Munjal, Advocate, for the petitioner.

Mr.Saurav Khurana, DAG, Punjab.

HARI PAL VERMA , J. (ORAL ) Prayer in the present petition filed under Section 439 Cr.P.C. is for the grant of regular bail in FIR No.133 dated 2.12.2018, under Section 304-B IPC, registered at Police Station City II, Abohar, District Fazilka.

The aforesaid FIR was registered on the basis of statement made by Ram Kumar whose daughter Ravina was married with the petitioner on 18.10.2018. As per the FIR, sufficient dowry was given by

the complainant as per his capacity but after some days of marriage, the petitioner (husband of deceased), Vanita (mother-in-law of deceased) and Gopi Chand (father-in-law of deceased), started harassing the daughter of the complainant for bringing insufficient dowry. Learned counsel for the petitioner has argued that the marriage between petitioner and Ravina, was solemnized on 18.10.2018 and she died on 2.12.2018 by hanging. He argued that during her stay with the petitioner and his family, the deceased had written a diary but there is no such allegation against the petitioner or his parents. He further states that the aforesaid FIR has been duly investigated by the police and accordingly, the police has prepared a cancellation report to his information which has been approved by the competent authority but still the learned Additional Sessions Judge, Fazilka, vide order dated 2.8.2019, has declined the bail to the petitioner.

Learned State counsel, on instructions of ASI Jasbir Singh, states that in the aforesaid FIR, the matter has been investigated and cancellation report has been prepared which is in the process of being filed in the Court.

In view of above, considering the fact that the police has prepared cancellation report and the same is likely to be presented before the Court, this Court finds that the petitioner deserves to be admitted on bail.

Accordingly, the petition is allowed. Petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to

the satisfaction of the trial Court.

August 21, 2019.

(HARI PAL VERMA) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No