ORDER Nirmal Singh, J. - This is a petition under Section 439 Criminal Procedure Code for bail in FIR No. 51 dated 3.5.2001 registered under Sections 395/397/412/212/120-B Indian Penal Code at Police Station Sadhaura, District Yamuna Nagar. 2. Mr. Mahavir Sandhu, learned counsel for the petitioner submitted that wife of the petitioner lodged a complaint against the complaint on 23.4.2001 under Sections 323/324/34 Indian Penal Code in Police Station, Sadhaura. He contended that the present case is the counter blast of the case earlier registered on the complaint of the wife of the petitioner. He further submitted that the petitioner has been implicated only on the basis of a statement of a co- accused. He contended that this statement of the co-accused is not admittible under the Evidence Act. 3. I have heard the learned counsel for the parties and perused the record. 4. The statement of the petitioner on the basis of which the alleged recovery has been made is not recorded in the presence of the independent witness. So taking into consideration the facts and circumstance of the case and that the wife of the petitioner has earlier lodged a complaint against the complainant for causing injury and without making any comments on the merit of the case, the petitioner is admitted to bail to the satisfaction of Chief Judicial Magistrate, Yamuna Nagar. Petition allowed.