Second/successive bail petitions are maintainable if substantial changes in circumstances are demonstrated, and courts must provide clear reasons for granting such petitions.

JUDGMENT

Mr. Sumeet Goel, J. (Oral)

Present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioners in case bearing FIR No194 dated 24.09.2023 registered for the offences punishable under Sections 304B of IPC, 1860 (Sections 498A, 406 & 120B of IPC were added later on) at Police Station Chheharta, District Amritsar.

2. The case set up in the FIR in question (as set out by the petitioners in the present petition) is as follows:-

"Statement of Gurmukh Singh son of Narinder Singh resident of House No. 59, Tower wali Street Hargobind Avenue Sher Shah Suri Road Chheheretta District Amritsar, age around 47 years, mobile No. 98884- 77412. I state that I am resident of the aforementioned address and I am in the property dealing business. I have three children, out of them two are my daughters and one is my son. My eldest daughter Simranjit Kaur @ Sheetal married on 16.08.2021 according to Sikh rites and rituals to Gurprit Singh son of Bua Singh resident of House No. 69 Street No. Gobindpura near Billa Tent House, Sher Shah Suri Road Chhehretta. At the marriage time I had given Istri Dhan to my daughter as per my financial limits. A motorcycle brand Hero Deluxe was given. After some time of marriage the inlaws family of my daughter started harassing her for bringing less dowry, they included her husband, Gurprit Singh, mother-in-law Nirmal Kaur, sister-in-law Babli her husband Sandip Singh resident of Raia another sister-in-law Preeti who is married at Jandiala. They started demanding Royal Enfield Bullet motorcycle. They many times beat my daughter. In pursuit to see my daughter's matrimonial life happy. I many times advised them. But they continued to beat my daughter and were adamant on their demand of Royal Enfield Bullet motorcycle. Yesterday on 23.09.2023 at around 5:15 PM we came to know that owing to harassment by her in-laws for dowry my daughter Simranjit Kaur @ Sheetal has consumed acid and that she is admitted at Amandeep hospital. On hearing this incidence we reached at Amandeep hospital where during the treatment my daughter breathed her last. My daughter was harassed by her in-laws so she consumed acid and ended her life. A legal action be taken against husband of my daughter, Gurprit Singh, mother-in-law Nirmal Kaur, sister-in-law Babli her husband Sandip Singh resident of Raia another sister-in-law Preeti who is married at Jandiala. I have stated my statement, read it and the same has been read over to me and it is correct. Sd/- Gurmukh Singh aforementioned, attested by Jagga Singh"

3. Learned counsel for the petitioners has argued that petitioner No.1-Nirmal Kaur was arrested on 25.09.2023 whereas petitioner No.2- Gurpreet Singh @ Gopi was arrested on 27.09.2023. Learned counsel for the petitioners has further argued that the material/private prosecution witnesses, namely, PW-1 (complainant), PW-2 (wife of complainant) as also PW-3 (brother-in-law of the complainant) have turned hostile & hence the trial will not culminate into conviction. Learned counsel for the petitioners has further argued that the earlier bail petition filed on behalf of the petitioners was withdrawn on 06.03.2024 wherein the following order was passed:-

"Sumeet Goel, J. (Oral)

1. Faced with the situation that the complainant namely Gurmukh Singh is yet to be examined as a prosecution witness, learned counsel for the petitioners seeks o withdraw the present petition at this stage.

2. Dismissed as withdrawn at this stage.

3. Pending application(s), if any, shall also stand disposed off.

March 06, 2024

(Sumeet Goel)

Judge"

Learned counsel for the petitioners has submitted that the substantial change of circumstance after the first bail petition was withdrawn on 06.03.2024 is that the material/private prosecution witnesses have been examined on 30.04.2024 & the same have turned hostile. Thus, regular bail is prayed for.

4. Learned counsel for the State has opposed the present petition by arguing that the allegations rai