JUDGMENT :

Sandeep Moudgil, J.

Relief Sought. The jurisdiction of this Court under Section 483 BNSS, has been invoked for grant of regular bail to the petitioner in case FIR No. 287, dated 26.08.2024, under Sections 109(1) of BNS, 2023 (Sections 109(3) of BNS added later on), registered at Police Station IMT Rohtak, District Rohtak, Haryana.

2. Facts

Facts as narrated in the FIR reads as under:-

'The brief facts of the prosecution case are that medical rukka from PGIMS, Rohtak was received in Police Station, IMT Rohtak on 25.8.2024 to the effect that complainant-Preety alias Nikki in injured condition on account of strangulation was admitted in PGIMS, Rohtak. On this information, the investigating officer has reached at Trauma Centre, PGIMS, Rohtak, whereby, he had received MLR of complainant, whereby doctor has given observation that there was one injury which was kept under observation. The application by the investigating officer for recording the statement of complainant was moved to the doctor whereby she was declared unfit for statement. The relatives present there had verbally informed the investigating officer that they would register the further proceedings when the complainant regained consciousness. On dated 26.8.2024, investigating officer had again reached at the hospital, whereby, after obtaining fitness to give statement, the present complaint was registered, vide which, the complainant had disclosed that she was married with the applicant-accused on 3.3.2019 as per Hindu Rites and Ceremonies. Two children were born out of their wedlock. Since, the day of marriage, her husband used to quarrel on one or another pretext and had also beaten her on several occasions. She has moved various complaint against him. On 25.8.2024, when she was present at his rented house, the applicant-accused had called to her, at that time, parental aunt of applicant-accused namely Maya was also present at her house. The applicant-accused had asked Maya for getting returned her documents from the complainant. Thereupon, the complainant had asked him firstly she returned her documents and only then she will hand over his documents to him. Upon that, he got annoyed and had caught hold her and trashed her on bad and had sit over her. He had hold her neck and pressed forcibly her throat in order to kill her. She became unconscious and blood has come out from her mouth. Thereafter, Maya had raised alarm. Police was called and she was shifted to the hospital. On the basis of the complaint, FIR was registered against the accused. During course of investigation, applicant-accused has been apprehended. '

3. Contentions:

On behalf of the petitioner

The learned counsel for the petitioner submits that the investigation in the present case has been completed, and the (challan) has been filed. The petitioner is in custody since 27th August 2024. It is further submitted that the dispute between the complainant and the accused, who are legally married, was primarily based on temperamental differences. There is no evidence of any cruelty or harassment. Additionally, it is submitted that the injury sustained was singular in nature and superficial.

On behalf of the State

Learned State counsel has filed the custody certificate of the petitioner, which is taken on record. He prays for dismissal of the present petition stating that the petitioner is a habitual offender, as he is involved in other cases also.

4. Analysis

Considering the custody period undergone by the petitioner i.e., 5 months and 12 days; investigation is complete, challan stand presented on 25.10.2024, charges have been framed on 04.01.2025 and out of total 17 prosecution witnesses none have been examined so far, meaning thereby conclusion of trial shall take considerable time, no useful purpose would be served by keeping the petitioner behind bars for uncertain period, wherein 'bail is a rule and jail is an exception ' and it would also violate the principle of right to speedy trial and expeditious di