Single judge order allowing bail petition of Anil Kumar pending trial in an FIR under Sections 498A, 304B, and 34 IPC involving the death of his wife. The court noted the trial is lengthy and no absconding risk exists.
Petitioner released on bail pending trial subject to furnishing requisite bail bonds and surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM No.M-30071 of 2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No.M- 30071 of 2017(O&M) Date of Decision: December 1 , 2017.
Anil Kumar
...... PETITIONER (s)
Versus
State of Haryana ...... RESPONDENT (s)
CORAM:- HON'BLE MRS.JUSTICE LISA GILL
Present: Mr. Prabhjeet Singh Sullar, Advocate for the petitioner.
Mr. Sanjay K.Saini, AAG, Haryana.
LISA GILL, J.
The petitioner prays for bail pending trial in FIR No.114 dated 16.04.2016 under Sections 498A/304B/34 IPC registered at Police Station Sadar Dadri, District Bhiwani.
It is submitted that the petitioner has been falsely implicated in this case. All members of the in-laws' family of the deceased i.e., the parents-in-law, brother-in-law and his wife as well as the present petitioner were named by the complainant in the FIR. It is further submitted that all accused except the petitioner and his mother (i.e., the mother-in-law of the deceased) were found
Omkar Singh 2017.12.02 10:35 I attest to the accuracy and authenticity of this document Chandigarh
CRM No.M-30071 of 2017
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innocent during investigation. Application under Section 319 Cr.P.C. filed for summoning the said accused, who were found innocent, was dismissed by the learned trial court. The said order has been upheld by this Court in CRR No.3971 of 2016 vide order dated 27.07.2017 (Annexure P2). Learned counsel for the petitioner submits that the deceased in this case was afforded all love and affection in the matrimonial home. There is nothing on record to show that she was subjected to ill-treatment or harassment since her marriage in August, 2014 till the date of unfortunate incident i.e., 14.04.2016. The petitioner himself had admitted his wife i.e., the deceased in hospital so that the best medical treatment be afforded to her. Moreover, the material witnesses including the complainant as well as the mother of the deceased have since testified before the learned trial court. The petitioner has been in custody since 28.04.2016. He is not involved in any other criminal case. It is thus prayed that this petition be allowed.
Heard learned counsel for the parties.
Learned counsel for the State, on instructions from HC Anil Kumar, verifies that the complainant as well as mother of the deceased have since testified before the learned trial court. It is further verified that the petitioner is not involved in any other criminal case.
Trial in this case is not likely to conclude in the near future. There are no allegations on behalf of the State that the petitioner is likely to abscond or that he is likely to dissuade the witnesses from deposing true facts before the Court, if released on bail.
Keeping in view the facts and circumstances as above but without commenting upon or expressing any opinion on the merits of the case, this
Omkar Singh 2017.12.02 10:35 I attest to the accuracy and authenticity of this document Chandigarh
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petition filed by Anil Kumar is allowed. The petitioner be released on bail pending trial subject to his furnishing requisite bail bonds and surety to the satisfaction of the learned Trial Court.
It is clarified that none of the observations made hereinabove shall be construed to be a reflection on the merits of the case. The same are solely confined for the purpose of decision of the present petition.
( LISA GILL ) December 1 , 2017. JUDGE ‘om’
Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
Omkar Singh 2017.12.02 10:35 I attest to the accuracy and authenticity of this document Chandigarh
1 issue framed by the court
Whether the petitioner is eligible for bail pending trial in a criminal case involving Sections 498A, 304B, and 34 IPC.
1 provisions across 1 enactments
Anil Kumar
State of Haryana
Lisa Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
