BARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition that has been filed under Sec. 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 17 dtd. 10/2/2016 under Ss. 304-B/ 306 / 34 IPC, registered at Police Station Sadar Ludhiana, District Ludhiana.

(2.) Learned counsel appearing on behalf of the petitioner has submitted that a marriage was solemnized with the deceased about five years before the occurrence and out of this wedlock one male child, aged 4 years, was born and the custody of the said minor child is with his family. It is argued that the main dispute that arose between the parties was on account of the fact that she was in constant contact with another boy and were exchanging nude photographs and the WhatsApp messages. It is also argued that the petitioner is in custody since 11/2/2016 while also contending that the trial is likely to take some time to conclude since only five witnesses have been examined and two have been given up, out of total 26 witnesses.

(3.) Ms. Rajni Gupta, learned Sr. DAG, Punjab opposes the grant of regular bail by contending that the WhatsApp messages and the allegation of exchange of nude photographs is not a part of the challan and no reliance could be placed on the aforesaid statement.