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High CourtsSingle Bench(2020) 11 J&K CK 0001

Sandeep Mankotia vs Union Territory Of J&K And Others

Jammu And Kashmir High Court · Decided on 2 November 2020

HON’BLE JUDGES
Dhiraj Singh Thakur, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 37 Of 2020, Criminal Miscellaneous No. 482, 668 Of 2020

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Judgment

8 paragraphs · 382 words

Dhiraj Singh Thakur, J

1.

This is an application for grant of bail for offences under Section 306/498A of RPC in connection with FIR No.109/2017, which is pending in the Court of learned Ist Additional Sessions Judge, Jammu.

The allegations in the FIR is that the deceased, who is the wife of the petitioner committed suicide by hanging herself within two years of her marriage on account of the harassment and torture perpetrated on her inter alia by the petitioner. The deceased is also stated to have been carrying a male fetus at the time of her death.

2.

Learned counsel for the petitioner stated that the petitioner had been framed in a false and frivolous case and that there was no harassment or torture ever perpetrated by him, as alleged. It is also stated that one of the prosecution witnesses namely, Rajesh Kumar, brother of the deceased in his statement recorded in the Court have not even remotely suggested any demand for dowry having ever been made by the petitioner.

3.

Objections have not been filed despite repeated opportunities.

4.

It is not denied that the petitioner has been in custody since 2017. According to the learned counsel for the petitioner, out of 13 witnesses only two witnesses have been examined till date. The examination of the rest of the witnesses certainly would take time especially keeping in view the prevalent pandemic situation. The offences for which the petitioner is facing Trial under Section 306/498A of RPC are punishable with imprisonment for 3 years and 10 years respectively and therefore rigors of Section 497 of the J&K Cr. PC do not apply in the present case.

5 Having considered the matter, in my opinion, the prayer for grant of bail cannot be refused at this stage. Accordingly, the same is allowed. The petitioner be released subject to his furnishing of the personal bond to the tune of `50,000/- with one surety of the like amount to the satisfaction of the Trial Court, subject to the condition that the petitioner shall not in any manner influence or intimidate the prosecution witnesses and that he shall not leave the territorial jurisdiction of the Court without the express permission of the said Court.

6 Bail application is, accordingly, disposed of along with connected applications.