The right to speedy trial is a fundamental right, and the court emphasized the importance of recording the statement of the minor daughter as a material witness.

JUDGMENT :

1. The petitioner is an accused in a charge-sheet arising out of FIR bearing No. 111/2023 for commission of offence under section 306 IPC registered with Police Station, Pacca Danga, Jammu, pending before the court of 1st Additional Sessions Judge, Jammu (hereinafter to be referred as ‘the trial court’). The petitioner had already approached the learned trial court for the grant of bail but the learned trial court vide order dated 08.12.2023 dismissed the application and as such after remaining un-successful before the learned trial court for grant of bail, the petitioner has now approached this Court for grant of bail on the ground that his wife had left his company with her own free will on 25.12.2022 and while leaving her matrimonial home took away the minor daughter and also all of her belongings including clothes, jewellery. The petitioner had filed a petition for grant of divorce against his wife (now deceased) before the court of learned Principal Judge (Family Courts), Jammu on 23.03.2023.

2. It is urged by the petitioner that the deceased had been residing with her mother w.e.f. December 2022 till 25.06.2023 when the deceased committed suicide in her parental home. It is further stated that the evidence produced by the prosecution in support of charge-sheet is merely an afterthought and based upon the statements of the related witnesses and further that there are no specific allegations of abetment levelled against the petitioner and the charge-sheet has been filed on the basis of general and bald allegations.

3. During the pendency of this bail application, on the oral prayer made by the mother of the deceased, not opposed by the petitioner, she was also arrayed as respondent No. 3 by this Court vide order dated 29.12.2023.

4. The official respondents as well as respondent No. 3 have filed the objections separately. In the reply filed by respondent Nos. 1 and 2, it is stated that on 27.08.2023 FIR No. 111/2023 for commission of offence under section 306 IPC was registered with Police Station, Pacca Danga Jammu after the inquiry was conducted in terms of section 174 Cr.P.C. The petitioner was arrested on 27.09.2023 and the statement of the minor daughter of the petitioner/deceased was also recorded under section 164 Cr.P.C. As per her statement, her father i.e. the petitioner herein used to say that her mother should commit suicide. Her father used to harass her mother a lot. The statements of the mother and brother of the deceased have also been recorded under section 164 Cr.P.C. In their statements, they have mentioned different incidents spanning from 2011 till the death of the deceased. It is also stated that the deceased had filed a complaint against her husband with Police Station, Women Cell, Jammu and the deceased was living with her mother at Karan Nagar, Jammu. Both the husband and wife entered in to compromise before Women Cell but that did not yield any result and both agreed for divorce on the condition that the petitioner would pay Rs. 25 lacs to her, but the accused declined to pay even a single penny to the deceased wife. She kept on requesting the petitioner to take her to matrimonial home and the accused filed a divorce case against her. The accused husband kept offending her telephonically and demanded dowry items. The accused husband also abused the deceased for not giving birth to male child. Fed up with the treatment meted out to her, the wife committed suicide on 25.06.2023. The accused was arrested on 27.09.2023. The Investigating Officer also seized the original Answer Sheet of Family Law-II Paper wherein the deceased had mentioned in detail the activities of the petitioner. The Investigating Officer after conclusion of the investigation, filed charge-sheet against the petitioner. It is further averred that as per call detail reports received from 01.05.2023 till 05.06.2023, the deceased was in touch with the petitioner on his mobile numbers with effect from 01.05.2023 till 05.06.2023 a