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MANISHA BATRA
Takdir Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mrs. Manisha Batra, J.
The present petition has been filed under Section 439 of Cr.P.C. seeking regular bail in FIR mentioned below:-
| FIR No. | Dated | Police Station | Sections |
| 266 | 29.09.2022 | Bass, District Hansi, | 304-B, 323, 498-A and 34 of IPC |
2. Adumbrated facts of the case are that on 26.09.2022, on receipt of an information at the concerned Police Station regarding one Anjit wife of Ajay being admitted in Oscar Hospital, Jind in an injured condition, a police party reached there wherein the opinion of the doctor was obtained as per which the victim was unfit for recording her statement. As such, her statement could not be recorded on that date and till 28.09.2022. She died on 29.09.2022 and thereafter the FIR was registered on the basis of statement recorded by her sister Anju to the effect that the victim Anjit was married with the accused Ajay and she herself was married with the petitioner-accused Takdir Singh, who is cousin brother of accused Ajay on 27.11.2020. She alleged that on 26.09.2022, at about 9 AM, she heard some noises coming from the house of her sister Anjit who was residing in the neighbourhood and she overheard her sister Anjit while te
The court granted bail to the petitioner, finding insufficient evidence linking him to the dowry death, emphasizing the need for a fair trial and the lengthy custody period.
The court emphasized that the merits of the case should not influence bail decisions, focusing instead on the duration of custody and nature of allegations.
The main legal point established in the judgment is the consideration of the petitioner's role, antecedents, and responsibilities as a young mother in granting regular bail.
The absence of criminal antecedents and the need for further trial to assess the veracity of the allegations influenced the court's decision to grant bail.
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