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2022 Supreme(P&H) 1852

VIKAS BAHL
Narinder Singh Alias Nindri – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. Navinder Jit Singh Dandiwal, Advocate, for the Appellant; Mr. Sarabjit S. Cheema, AAG, Punjab., for the Respondent

JUDGMENT

Vikas Bahl, J. (Oral) - This is a first bail application under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.216 dated 27.11.2021, registered under Sections 306 and 34 IPC (Section 205 IPC has been added later on), at Police Station Nihal Singh Wala, District Moga.

2. Learned counsel for the petitioner has submitted that in the present case, as per the allegations in the FIR, petitioner was annoyed with the complainant on account of the fact that the petitioner was under the impression that the complainant/deceased was helping his wife Raman Kaur in staying away from the petitioner and on account of the same, petitioner used to threaten the deceased. It is submitted that the said act of the petitioner done by him for protecting his marriage, cannot be stated to be a criminal act. It is further submitted that the petitioner has been in custody since 28.11.2021 and the challan has already been presented and there are 26 prosecution witnesses, none of whom have been examined, thus, the trial is likely to take time. It is also submitted that the petitioner is the sole breadwinner of the family and has three minor children, including one minor daughter

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