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Judgment
Mahesh Grover, J.—This is a petition u/s 439 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a case registered vide FIR No. 22 dated 26.2.2005 under Sections 304-B, 498-A and 120-B IPC, at Police Station Dhariwal, Distt. Gurdaspur.
According to the allegations contained in the FIR, the daughter of the complainant had committed suicide. During the course of investigation some allegations surfaced that the petitioner along with some others had established sexual relations with the deceased forcibly as a result of which she had committed suicide.
It was contended by the learned counsel for the petitioner that by no stretch of imagination can he be implicated under Sections 304-B, 498-A and 120-B IPC as he is a stranger to the marital affairs of the deceased. It was further contended that he is in custody since 6.8.2007 and all the co-accused of the petitioner have been released on regular bail.
On the other hand, learned counsel for the State, could not satisfactorily explain the factum of the petitioner being implicated in a case under Sections 304-B, 498-A and 120-B IPCs. He also could not controvert the fact that the co-accused of the petitioner have been released on bail.
After hearing the learned counsel for the parties and having regard to the fact that the petitioner is in custody since 6.8.2007 and all the co- accused of the petitioner have since been released on bail, without expressing any opinion on merits, I deem it appropriate to accept the present petition and direct the petitioner to be released on bail in terms of Section 439 Cr.P.C.
Bail to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Gurdaspur.