IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

221 CRM-M-63836-2024(O&M)

Date of Decision: 07.01.2025 INDERJIT SINGH ....Petitioner VERSUS STATE OF PUNJAB ....Respondent CORAM : HON’BLE MRS. JUSTICE MANISHA BATRA Present : Mr. Gobind Singh Randhawa, Advocate for the petitioner.

Ms. Himani Arora, AAG, Punjab.

MANISHA BATRA, J. (Oral)

1. The instant petition for grant of regular bail as filed by the petitioner in case arising out of FIR No.229 dated 06.12.2023 registered under Section 306 of IPC at Police Station Beas, Police District Amritsar (Rural) on the basis of statement recorded by Gurmit Singh alleging therein that the victim Balwinder Kaur was got married with the present petitioner about 25 years back. She has committed suicide by consuming some poisonous substance on 06.12.2023. She was being harassed by the present petitioner who was having illicit relation with one Baljit Kaur. She was under depression and mentally upset as the petitioner was not supporting his wife following which, she had committed suicide. The petitioner had been arrested on 15.08.2024 and an application for grant of regular bail had filed by the petitioner which had been dismissed by learned trial Court vide order dated 03.12.2024.

2. It is argued by learned counsel for the petitioner that he deserves to be released on bail as the allegations on the face of record did not make a case for commission of offence punishable under Section 306 of IPC. The victim was under depression and had committed suicide. The investigation stands completed. He is in custody since long. The trial is likely to take time. The further incarceration of the petitioner would not serve any useful purpose. Therefore, it is urged that the petitioner deserves to be released on bail.

2. Notice of motion.

3. Learned State counsel who has advance notice of the petition has submitted a copy of custody certificate of the petitioner which shows that he has been in custody for a period of 04 months 21 days. It is also stated that the victim before committing suicide had prepared a video which is reduced in the form of a pendrive and FSL report is awaited. It is argued by her that since there are serious and specific allegations against the petitioner, therefore, he does not deserve to be released on bail.

4. I have heard learned counsel for the parties at considerable length and have gone through the record carefully.

5. The petitioner is alleged to have abetted suicide by the victim who was admittedly suffering from depression. It is matter of evidence as to whether the ingredients for commission of offence punishable under Section 306 of IPC or abetment of suicide are made out or not ? Trial is likely to take time. Keeping in view the above discussed facts and circumstances but without meaning to make any comment on the merits of the case, I am of the considered opinion that the petitioner deserves to be extended benefit of bail. Hence, the petition is allowed and petitioner is ordered to be admitted to bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the learned Trial Court.

( MANISHA BATRA )

07.01.2025 JUDGE

Deepak Patwal