JUDGMENT

Vikas Mahajan, J. - The present petition has been filed under Section 439 Cr.P.C. seeking regular bail in connection with FIR No.817/2021 under Section 302 IPC registered at Police Station Bhalswa Dairy.

2. The case of the prosecution is that on 04.12.2021, the FIR was registered on the complaint of the wife of the petitioner/accused under Section 302 IPC. In the said FIR, it has been alleged that on 03.12.2021, in a drunken state complainant's husband i.e., the petitioner herein had a quarrel with the complainant over the issue as to who would look after the child and then, he started giving beatings to the complainant and stated that he would eliminate the cause of quarrel and thereafter, he caught hold of the four month old baby and hit the head of the baby on the wall, who died on the spot.

3. The learned counsel for the petitioner submits that the complainant namely Nisha Rai, who was examined as PW-4 did not support the case of the prosecution. Inviting attention of the Court to the testimony of PW-4, he submits that the said witness turned hostile and was cross-examined by the learned APP for the State and in her cross-examination also, nothing came out in favour of th