211 IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. No. M- 33478 of 2017 (OM)
Date of decision : November 30, 2017
Sonu Rastogi …..Petitioner
State of Haryana and another ….Respondents
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Yogesh Goel, Advocate for the petitioner.
Mr. Sanjay K. Saini, AAG, Haryana.
LISA GILL, J.
The petitioner prays for bail pending trial in FIR No. 232
dated 20.03.2017 under Sections 498A/304B, 34 IPC registered at
Police Station Sector 5, Gurgaon, District Gurugram.
It is submitted that the petitioner has been falsely
implicated in this case. Marriage of the petitioner with the deceased
took place in the year 2010. The unfortunate incident took place on
19.03.2017. It is submitted that there is nothing on record to show that
any ill-treatment or harassment was ever meted out to the deceased in
the interregnum at the hands of the petitioner and her in-laws.
Moreover, the complainant, in this case, while deposing as PW1 before
the learned trial Court has not supported the prosecution version. The
petitioner, it is stated, is not involved in any other criminal case. It is,
thus, prayed that this petition be allowed.
Certified copy of the statement of the complainant PW1
produced in Court today is taken on record subject to just exceptions.
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I have heard learned counsel for the parties.
Learned counsel for the State is unable to deny that the
complainant did not support the prosecution version. Learned counsel
for the State, on instructions, from ASI Narvir Singh, verifies that the
petitioner is not involved in any other criminal case.
There are no allegations on behalf of the State that
petitioner is likely to abscond or that he is likely to dissuade the
witnesses from deposing true facts in the Court, if released on bail.
No useful purpose shall be served by keeping the petitioner
incarcerated any longer. Keeping in view the facts and circumstances
noted above but without expressing any opinion on the merits of case,
it is considered just and expedient to allow this petition.
Consequently, 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 reiterated that none of the observations made herein
above are a reflection on the merits of the case and shall have no
bearing on the trial.
November 30, 2017 Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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