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.

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:-

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 telling her mother-in-law and sister-in- law that the accused Ajay used to extend beatings to her under the influence of liquor, and that she would leave her matrimonial house. Five-seven minutes thereafter, on hearing alarm raised by Anjit, she rushed towards her house and found that the accused Ajay, mother-in-law and sister-in-law of the victim Anjit had caught hold of her and that all of them were assaulting her by extending beatings to her. She rescued her sister but her own parents-in-law and sister-in-law of Anjit started assaulting her too. She was forced to go back to her matrimonial house and was advised by the petitioner to not to go to the house of Anjit. Then she noticed her father-in-law Rammehar, Monika who is sister-in-law and mother-in-law of Anjit while entering into the room of Anjit and shortly after sometime, her father-in-law came home and told her mother-in-law that Anjit had been done with. Then after locking her inside her house, they did not let the complainant go to the house of her sister, and subsequently, she was informed by her mother-in-law that Anjit had hanged herself. She rushed towards the room of her sister only to find her lying on the bed in an unconscious condition. The victim had been taken to hospital. She alleged that her sister and herself were pressurized by their in-laws to bring something or the other from her parents house and on this account, they were being assaulted and the in-laws of her sister had killed her by hanging her. She also alleged that the petitioner Takdir Singh i.e. her husband, accused Ajay and her mother-in-law also used to beat her. After registration of FIR, investigation proceedings were initiated. The inquest proceedings and the postmortem examination of dead body of the victim was conducted. The accused Ajay and the petitioner were arrested. After completion of investigation, challan report under Section 173 Cr.P.C. was presented in the Court and presently, the petitioner along with accused Ajay are facing trial for commission of offences punishable under Sections 304-B, 323 and 498-A read with Section 34 of IPC.

3. The present petition has been filed by the petitioner on the grounds and it has been argued by his counsel that he is in custody since 21.10.2022. He has been falsely implicated in this case. There was no allegation in the FIR about his having any hand in causing the alleged dowry death of the victim who had died a suicidal death. Infact, he was not present at the spot when she had hanged herself. He was living in a separate house. The trial was likely to take time. There were no specific allegations of demand of any dowry against him and general allegations that he used to extend beatings to his wife had been levelled against him. Therefore, it is argued that his furth