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(2021) Law Today Live Doc. Id. 16274
Decided on: 25.06.2021
Present:
Mr. Sumit Sangwan, Advocate for petitioner.
Mr. Shivendra Swaroop, AAG, Haryana
Indian Penal Code, 1860 (45 of 1860), Section 304-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Dowry death – Regular bail -- Co-accused father-in-law and brother-in-law have already been granted bail -- No suicide note left by the deceased – Petitioner/mother-in-law is in custody since 1.3.2021 -- Investigation is complete, challan has been presented -- There are no allegations in the FIR with regard to any physical injury etc being inflicted by the petitioner -- Conclusion of trial is likely to take time; no useful purpose would be served by keeping the petitioner behind bars and more-over considering the age of the petitioner, she is granted bail.
(Para 5, 6)
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AVNEESH JHINGAN, J. (ORAL) –
1. The matter is taken up for hearing through video conference due to COVID-19 situation.
2. This petition is filed for grant of regular bail in case of FIR No. 0008 dated 19.01.2021 under Section 304-B IPC, registered at Police Station Dadri Sadar, District Charkhi Dadri.
3. The FIR was registered on behest of Sonu son of Sant Lal. The sister of the complainant committed suicide. It was stated in the FIR that the marriage of the sister of the complainant Jyoti was solemnized on 26.2.2020 with Sonu son of Ajeet Singh. There are allegations of husband giving beatings to the wife for demanding motor cycle. It is further alleged that mother-in-law and father-in-law used to taunt her. Two months earlier to committing suicide, jyoti disclosed about the harassment for bringing less dowry.
4. Mr. Sumit Sangwan, Advocate appearing for the petitioner submits that the petitioner is mother-in-law and co-accused father-in-law and brother-in-law have already been granted bail. There is no suicide note. There are no specific allegations of any physical harm to the deceased by the petitioner.
5. Learned State counsel on instructions opposes the bail, however, he is not in a position to contradict the factual position that co-accused have already been granted bail.
6. In the present case, there is no suicide note left by the deceased. The petitioner is in custody since 1.3.2021. Investigation is complete, challan has been presented. There are no allegations in the FIR with regard to any physical injury etc being inflicted by the petitioner. Conclusion of trial is likely to take time; no useful purpose would be served by keeping the petitioner behind bars and more-over considering the age of the petitioner, she is granted bail on furnishing surety bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned.
7. The petition is allowed.
8. It is clarified that the observations made hereinabove shall not be construed as an expression of opinion on the merits of the case.
Petition allowed.
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