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RAJESH BHARDWAJ
Ajay – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Rajesh Bhardwaj, J. (Oral) - Instant petition has been filed under Section 439 Cr.P.C. praying for grant of regular bail to the petitioner in case FIR No.108, dated 18.2.2021, under Sections 323, 328 and 34 IPC (Sections 323 and 34 IPC stand deleted during investigation and Section 306 IPC was added), registered at Police Station Hisar Sadar.
2. As per the factual matrix of the case, the present FIR was lodged on the statement of Anju (deceased) daughter of Prem Singh. It was recorded by the Investigating Officer. It was deposed by the deceased/complainant that her marriage was solemnized on 2.7.1995 with Rajinder. They were blessed with two kids from this marriage. Thereafter, differences took place between the husband and wife and she took divorce from the Court of competent jurisdiction in 2013-2014. Thereafter, she came in contact with Ajay i.e. the petitioner and they had physical relationship as well. From the last 10 years, she was in relationship with Ajay, though there was no documentation regarding their relationship. As she could not talk to Ajay from the last 8-9 days so she went to Behbalpur on 16.2.2021 to meet him. She found Ajay and his mother at home. Ajay's
The decision to grant regular bail was based on the lack of criminal antecedents, the examination of material witnesses, and the likelihood of a lengthy trial for the case to conclude.
The importance of mens rea in establishing instigation for abetment of suicide under Section 306 IPC.
The court considered the lack of a suicide note and the debatable issue of whether an offence under Section 306 IPC is made out as crucial factors in allowing the bail petitions.
The lack of incriminating evidence, non-supportive testimony from the deceased's father, and the principle of parity with the co-accused can be grounds for granting bail.
The court ruled that the seriousness of the charges and evidence of dowry-related harassment warranted the denial of bail to avoid risk of evidence tampering and to ensure justice.
The main legal point established in the judgment is the consideration of the nature of the relationship between the petitioner and the deceased, the possibility of a consensual romantic relationship,....
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