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Judgment
Hari Pal Verma, J
The matter has been taken up for hearing through video conferencing due to outbreak of COVID-19.
Prayer in this petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No.167 dated 05.09.2020 under Sections 306, 204, 201, 34 IPC, registered at Police Station Jhojhu-Kalan, District Charkhi Dadri.
Learned counsel for the petitioner has argued that the deceased Sanket Kumar has committed suicide on 08.08.2020, whereas the present FIR has been registered on 05.09.2020. The allegations against the petitioner are that mother of the deceased was having illicit relations with the present petitioner, due to which, the deceased Sanket Kumar used to feel mentally disturbed and he committed suicide. Petitioner is in custody since 03.10.2020. Trial is not likely to be concluded in the near future.
Learned State Counsel, on instructions from SI Ram Avtar, does not dispute the custody period of the petitioner. However, she submits that challan in the case has been presented on 02.12.2020, but charges are yet to be framed.
The deceased has committed suicide by hanging himself in the fan of first floor of his house after cutting his nerve. Petitioner is in custody since 03.10.2020. Challan in the case has been presented on 02.12.2020. Trial is not likely to be concluded in the near future as charges are yet to be framed. Thus, this Court deems it appropriate to admit the petitioner on bail.
Accordingly, the present petition is allowed and the petitioner is admitted on regular bail, subject to his furnishing adequate bail bonds/ surety bonds to the satisfaction of trial Court/Duty Magistrate.
However, it is made clear that the observations made hereinabove shall not be construed as an expression on the merits of the case and the trial Court shall proceed with the trial independently without being influenced by the order of bail passed by this Court.
The petitioner shall not influence any prosecution witnesses directly or indirectly, in any manner.