Punjab and Haryana High Court while dealing with a petition filed under Section 439 CrPC by a man accused of poisoning the deceased-complainant with whom he was in a relationship, granted bail on the ground that it was a "consensual relationship" and as the investigation stands completed, the veracity of these allegations would be evaluated by the trial Court only.
The investigation in the case already stands completed. There is nothing on record showing the petitioner having been involved earlier in any of the criminal case. The veracity of these allegations would be evaluated by the trial Court only after the conclusion of the trial.
The bench comprising Justice Rajesh Bhardwaj was dealing with a case where the plaintiff was accused of poisoning his partner with the help of his mother. Earlier he was accused of Section 302, 323, 328, and 34 IPC but later he was prosecuted only for the offense under Section 306 IPC.
The complainant had deposed that the accused and his mother mixed something in water and made her drink. Thereafter, she started feeling uneasy and started vomiting. The accused then asked her to sit inside a bus stand. However, she became unconscious. The passengers sprinkled water on her face and she regained consciousness.
The court while commenting on the petition for grant of regular bail held that charges are framed, and the trial Court is now seized of the matter and the veracity of these allegations would be a matter to be decided by the trial Court.
The court further added that it would refrain from commenting on the merits of the case, but it is evident from overall facts and circumstances that the petitioner has successfully made out the case for a grant of regular bail.
However, this Court would refrain itself from commenting on the merits of the case. In the overall facts and circumstances of the case, this Court finds that learned counsel for the petitioner succeeds in making out the case for grant of regular bail to the petitioner.
For the reasons discussed above, the court allowed the petition for the grant of regular bail to the petitioner.
Case Title : Ajay Vs. State of Haryana
Citation: 2022 LiveLaw (PH) 102
Advocate for the Petitioner; Mr. Jitender Dhanda
Advocate for the Respondent: Mr. Neeraj Poswal, AAG