Crl. Misc. No.M-4290 of 2011 (O&M) Dharamvir Vs. State of Haryana Present : Mr. Puneet Bali, Advocate for the petitioner. Mr. Manmohan Sikka, D.A.G., Haryana. ******* AJAY TEWARI, J. (ORAL) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.214 dated 27.12.2009 registered under Sections 302, 201 and 120-B IPC at Police Station Farrukh Nagar, District Gurgaon. Learned counsel for the petitioner has argued that the petitioner has now been in custody since July, 2010 and that the whole case against the petitioner is highly improbable and there is no evidence to prove that the petitioner was involved in the death of the girl. He has further argued that the girl died a natural death and there seems to be no conspiracy behind her death. On instructions from ASI Surinder learned Deputy Advocate General, Haryana has stated that there is the statement of two persons which has been recorded under Section 161 Cr.P.C. but also fairly admitted that these persons have not seen the alleged occurrence and have only given the statement what they have heard without even disclosing as to whom they have heard it from. He has further stated that the allegations are very serious and it is a case of honour killing. The allegations are that the daughter of the petitioner eloped on 24.12.2009 with one Mukesh and returned alongwith Mukesh next day to the village on 25.12.2009 and on the same night the girl was killed and Crl. Misc. No.M-4290 of 2011 (O&M) -2- clandestinely cremated. It is surprising that the police has not bothered to associate the person who had eloped with the daughter of the petitioner and has limited its investigative efforts only to the two statements mentioned above. Learned Deputy Advocate General, Haryana has further stated that in such cases there is a tendency that if the accused persons are released they try to intimidate the witnesses. In the circumstances, without going into the merits of the case, I deem it appropriate to release the petitioner on regular bail to the satisfaction of the trial Court with the condition that after his release, he shall not stay in District Gurgaon or visit Gurgaon till the conclusion of the trial except when required in Court and would leave the District after the hearing. Ordered accordingly. Petition stands disposed of. ( AJAY TEWARI ) March 29, 2011. JUDGE ashish