BAJINDER ARYA Vs. UNION TERRITORY CHANDIGARH

JUDGEMENT

(1.) Heard learned counsel for the parties. The marriage between the petitioner and Dimple (deceased) was solemnized on 30.9.1998. Ramji Dass father of the deceased has alleged that his deceased daughter was harassed by the petitioner and other family members. On these allegations FIR was registered against the petitioner and other family members for the offences under Sections 306 and 498-A I.P.C.

(2.) Learned counsel for the petitioner has submitted that the material witnesses in the case have already been examined. Ramji Dass complainant has been examined as PW-2. It is submitted that the petitioner is in custody since 28.7.2006 and the trial in the case would take some time as 12 PWs and 4 DWs are yet to be examined. It is also contended that the petitioner has two minor children aged about 6 years and 2 years. In response, learned counsel for the State has submitted that the petitioner is the main accused in the case being the husband of the deceased and Ramji Dass (PW-2) has fully supported the case of the prosecution and has named the petitioner as the person who not only harassed the deceased but also abetted the commission of suicide.

(3.) After giving my thoughtful consideration to the matter it may be noticed that the trial in the case is likely to take time and the petitioner is in custody since 28.7.2006. He has two minor children to support. The other accused in the case have been granted the concession of bail. The case is not one which has been registered within seven years of the marriage between the petitioner and Smt. Dimple (deceased). Without commenting on the merits of the case lest it may prejudice the case of either side in the facts an circumstances, the petitioner is entitled to the concession of bail. Accordingly, the criminal miscellaneous petition is allowed and the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Chandigarh shall be admitted to bail.