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Judgment
28 paragraphs · 516 wordsArvind Singh Sangwan, J
Prayer in this petition is for grant of regular bail in FIR No.292 dated 02.09.2019 under Sections 201, 304-B, 34 IPC, registered at Police Station
Chandimandir, District Panchkula.
Learned counsel for the petitioner submits that as per allegations in the FIR, registered at the instance of Sukhbir Singh, it is stated that marriage of his
daughter Komal was performed with petitioner Ravinder Kumar @ Mangu and after some time, her in-laws i.e. father of the petitioner, demanded
dowry articles on the pretext that the same are not given as per their expectations. It is further stated that on account of demand of dowry, the
accused persons, by sprinkling inflammable oil, has committed murder of his daughter. It is further submitted that the petitioner is in custody since
11.09.2019 and a period of more than 01 year and 05 months has already passed and the complainant, who appeared as PW1, did not support the
prosecution version, as he stated that his daughter Komal has committed suicide by setting herself ablaze. It is also stated that neither the petitioner
nor his family members have demanded any dowry. This witness was declared hostile and was cross-examined by the Public Prosecutor, wherein he
even denied having made a complaint to the police on the pretext that his signatures were obtained without going through the contents.
Learned counsel for the petitioner has relied upon statement of PW2 Dharamvir as well as PW3 Kuldeep, two witnesses regarding allegations of
demand of dowry. Both these witnesses have also not supported the prosecution version, by stating that the petitioner or his family members did not
harassing Komal. Even these witnesses were declared hostile and they denied having made any statement to the police under Section 161 Cr.P.C.
Apart from the statements of aforesaid three witnesses, learned counsel has relied upon the affidavit given by complainant Sukhbir Singh to this
effect.
Learned State counsel, on the basis of affidavit of Assistant Commissioner of Police, Panchkula, has submitted that FIR was registered on the
complaint given by complainant Sukhbir Singh. Learned State counsel, assisted by learned counsel for the complainant, could not dispute the fact that
the complainant has not supported the prosecution version.
Learned counsel for the complainant has additionally submitted that he has no objection if bail is granted to the petitioner and upon verification, it was
found that the petitioner was not at fault and since the petitioner and daughter of the complainant performed love marriage, she committed suicide
because of her own problem.
After hearing learned counsel for the parties, without commenting anything on merits of the case and considering the aforesaid facts and
circumstances of the case, especially in view of the fact that complainant and other two relevant witnesses have not supported the prosecution
version, I find that no purpose will be served by keeping the petitioner in judicial custody.
Accordingly, this petition is allowed and the petitioner is directed to be released on regular bail subject to furnishing his bail/surety bonds to the
satisfaction of the trial Court/Illaqa Magistrate/Duty Magistrate, concerned.
Petition is disposed of.
