Manjit Kaur and Others vs State of Punjab

Ram Chand Gupta, J.—The present petition filed u/s 439 Code of Criminal Procedure is for grant of regular bail to the Petitioners in case FIR No. 139, dated 29.6.2010, under Sections 316, 323, 34 IPC, registered at Police Station City, Gurdaspur.

I have heard learned Counsel for the parties and have gone through the whole record carefully.

It has been contended by learned Counsel for the Petitioners that they have been continuing in custody since 12.7.2010. Further contends that they have been falsely implicated in this case at the instance of complainant as complainant and Petitioners were lodged in the jail in the same barrack and there was previous dispute between them. Further contends that the alleged occurrence is dated 14.6.2009 and however, report was lodged on 29.6.2010, after abortion. It is also contended that complainant was anemic and was also having less platelets count and hence it was a premature delivery. Further contends that there is no medical evidence that abortion was due to any injury and rather no injury was found on the person of the complainant.

Learned State counsel has not disputed these facts. It has also been stated by learned State counsel that investigation in this case has already been completed and challan submitted in the Court.

There are no allegations on behalf of the State that Petitioners are likely to abscond or that they are likely to dissuade the witnesses from deposing true facts in the Court, if released on bail.

In view of these facts and without expressing any opinion on the merits of the case, the present petition filed by Petitioners-Manjit Kaur, Aman Kaur and Charanjit Kaur for grant of regular bail is allowed.

Bail to the satisfaction of CJM/Duty Magistrate, Gurdaspur.