High Court of Punjab and HaryanaCRM-M/494/2020allowed

Balvir Singh @ Beeru v. State Of Punjab

2020-01-14Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-494-2020 Decided on : 14.01.2020 Balvir Singh @ Beeru ...... Petitioner

Versus

State of Punjab ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Manpreet Ghuman, Advocate for the petitioner.

Ms. Jaspreet Kaur, AAG, Punjab.

**** Manjari Nehru Kaul, J.

Instant petition has been filed under Section 439 Cr.PC for grant of regular bail to the petitioner in case FIR No.183 dated 16.10.2018 registered under Sections 498-A, 376, 506 and 120-B IPC (Section 376-D IPC was added later on) at Police Station Nihal Singh Wala, District Moga. Learned counsel for the petitioner contends that a perusal of the FIR clearly reveals that the instant FIR is the result of matrimonial dispute between the complainant and her-in-laws and the petitioner-husband has been implicated only with the motive to harass the in-laws. It has further been contended that the prosecutrix during her evidence before the trial court resiled from her statement and did not support the case of the prosecution. Hence, no useful purpose would be served by keeping the petitioner behind bars. The petitioner has been in custody for more than two years.

On the other hand, learned State counsel has opposed the bail application and submitted that no doubt that the prosecutrix did not support SONIA BURA 2020.01.15 15:49 I attest to the accuracy and integrity of this document chandigarh

CRM-M-494-2020 -2the case of the prosecution and was declared hostile but there are serious and grave allegations against the petitioner, who is none other than the husband of the complainant.

Without commenting on the merits of the case and keeping in view the fact that the petitioner is behind bars since 16.10.2018 and the trial is unlikely to be concluded in the near future, no useful purpose would be served by keeping the petitioner in custody, specifically when the prosecutrix has already been examined. In the circumstances, present petition is allowed and the petitioner is admitted to bail to the satisfaction of the trial court/Duty Magistrate concerned.

(MANJARI NEHRU KAUL) JUDGE 14.01.2020 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2020.01.15 15:49 I attest to the accuracy and integrity of this document chandigarh