Manjeet @ Manjeet Dhaka v. State Of Haryana

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 10.01.2025 Manjeet @ Manjeet Dhaka . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Ajay Kumar Dahiya, Advocate for the petitioner(s).

Mr. Vikas Bhardwaj, AAG, Haryana.

**** SANJAY VASHISTH , J. (Oral) 1.

The instant petition has been filed under Section 483 of BNSS, 2023, for grant of regular bail to the petitioner - Manjeet @ Manjeet Dhaka, who has been booked for having committed the offence punishable under Sections 108 and 3(5) of BNS, 2023, in FIR No. 184, dated 16.08.2024, registered at Police Station Rai, District Sonipat, Haryana, during the pendency of trial.

2.

While referring to the allegation in the FIR, learned counsel for the petitioner submits that no offence is made out against the petitioner, as the ingredients to constitute the offence are missing. There is no allegation of abetting the deceased to suicide, just prior to the death, which is the prime requirement in such crimes. Except mentioning of the fact that the threat was issued or some injury was caused, no other overt act is attributed to the petitioner.

3.

Learned counsel further submits that the petitioner is inside jail

- 2 - since 13.09.2024 and further custody is not going to serve any purpose. Instead of taking the legal recourse, to the family dsputes, if any existed, he chose to commit suicide, because of his own weaknesses. 4.

On the other hand, learned State counsel while opposing the prayer made in the petition, submits that after completion of investigation, challan has been presented. During investigation, co-accsued namely; Sarika, Sunita and Dilbag, have been found innocent and accordingly, kept in column No.2 at the time of filing challan before the trial Court. However, charges are yet to be framed.

5.

At this stage, Mr. Sandeep Kotla, Advocate, puts in appearance on behalf of the complainant and files his Vakalatnama in Court, which is taken on record, subject to all just exceptions. Office to tag the same at appropriate place.

6.

Learned counsel for the complainant submits that even on the date of incident, beatings were given to the deceased and telephonic complaints were made by the deceased to his wife prior to his death. However, nothing is being referred from the record by learned counsel for the complainant to corroborate the aforesaid fact. 7.

After hearing learned counsel for the parties and perusing the relevant material on record with their able assistance thoroughly, this Court finds substance in the submissions made by learned counsel for the petitioner.

8.

Once the investigation is complete and initiation of trial proceedings, and its culmination is likely to take considerable time and considering the fact that the person has killed himself, I deem it appropriate

- 3 - to grant the concession of regular bail to the petitioner. 9.

Consequently, prayer made in the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case.

10.

Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.

11.

The observation made here-in-above shall not be construed as an expression of opinion on the facts of the case and the Trial Court is expected to decide the case on the basis of complete evidence available on record.

12.

Petition stands disposed of.

(SANJAY VASHISTH) JUDGE January 10, 2025 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No