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2024 Supreme(J&K) 27

RAJNESH OSWAL
Aditya Khajuria, S/o. Late Naresh Pal Khajuria – Appellant
Versus
Union Territory of Jammu and Kashmir, through Incharge Police Station, Jammu – Respondent


Advocates Appeared:
For the Appellant : Mr. Sunil Sethi, Sr. Adv. with Mr. Parimoksh Seth.
For the Respondent: Mr. P.D. Singh Dy.AG, Mr. Vilakshan Singh.

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

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