217 IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. No. M- 5979 of 2018 (OM)
Date of decision : February 16, 2018
State of Haryana ….Respondent
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Ms. Sunita Nambiar, Advocate for
Mr. Abhimanyu Singh, Advocate
for the petitioner.
Mr. Ramesh Kumar Ambavta, AAG, Haryana.
LISA GILL, J.
The petitioner prays for bail pending trial in FIR No. 674 dated
Station Bhiwani city, District Bhiwani.
It is submitted that the petitioner, who is the husband of the
complainant, has been falsely implicated in this case. He has been in
custody since October, 2017. It is argued that the allegations in the FIR are
absolutely incorrect and this is reflected from a perusal of the medico legal
report (Annexure P-1). Allegations of physical abuse to the complainant at
the hands of the petitioner are complete negated by the said report. The
petitioner, it is submitted, had never harassed or ill-treated the complainant
in any manner. The petitioner has a filed petition under Section 9 of the
Hindu Marriage Act, 1955 and he is desirous of resumption of matrimonial
ties but the complainant never came forward. It is further submitted that
application under Section 319 Cr.P.C. has been moved for summoning
others to face trial as an additional accused after examination-in-chief of the
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complainant. Trial, in this case, is not likely to conclude in the near future. It
is, thus, prayed that this petition be allowed.
I have heard learned counsel for the parties.
Learned counsel for the State, on instructions, from ASI
Narender Kumar, verifies the authenticity of the medico legal report
(Annexure P-1). It is verified that the application under Section 319 Cr.P.C.,
as mentioned above, has indeed been filed and is pending before the learned
trial Court for adjudication. 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 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
February 16, 2018 Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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