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CRM-M No.660 6607-2025 -1- IN THE HIGH IGH COURT OF PUNJAB AND H ND HARYANA AT CHANDIGAR GARH(cid:1) 209 (cid:1) CRM-M Reserved Date of De M No.6607-2025 erved on:18.02.2025 e of Decision:24.02.2025 Narender Tomar omar @ Narender Kumar Versus(cid:1) ryana State of Haryana CORAM : HON HON'BLE MR. JUSTICE NAMIT AMIT KUMAR ... Petitioner ... Respondent Mr. Samay Singh Sandhawalia, Adv Present: Mr. for the petitioner. for t , Advocate Ms. Priyanka Sadar, AAG, Haryana Ms. ryana. Mr. Mr. Parveen Sharma, Advocate for t for the complainant. *** *** (cid:1) NAMIT KUMA UMAR, J. 1. Status report dated 15.02.2025 fi Statu 25 filed by way of affidavit of M
Legal Reasoning
t of Mr. Malkeet Singh, H ingh, HPS, Assistant Commissioner o oner of Police, Ganaur, District Sonip t Sonipat on behalf of res of respondent No.1-State of Haryan aryana in the court today is taken taken on record. 2. The instant petition has been filed u The filed under Section 482 of the Bharti Bhartiya Nagrik Suraksha raksha Sanhita, 2023 for release of the of the petitioner on anticipatory bail y bail in FIR No.610 date 0 dated 23.10.2022 (Annexure P-1) u 1) under Sections 376, 306, 506 IP 506 IPC registered at Poli at Police Station Ganaur, District Sonip t Sonipat. 3. In brief, the facts are that the comp In b e complainant Ganga Sagar, husband sband of the deceased, ga ed, gave a written complaint to the to the police stating therein that he he is serving in Fire B Fire Brigade Centre, Delhi. About a y out a year ago, he found his wife talki e talking with petitioner- -Narender and on being asked, his ed, his wife made a revelation that wh hat when she was residing siding at Narela, Delhi, she came into e into contact with the petitioner. S ner. She PANKAJ KUMAR 2025.02.24 18:09 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.660 6607-2025 -2- further revealed ealed that the petitioner was pressuri ressurizing her to take divorce from t from the complainant othe nt otherwise she would face dire con re consequences. The complainant to nant told the petitioner to to stop talking to his wife in future future. However, the petitioner did n did not mend his ways a ays and again started threatening her ng her wife, owing to which, she used e used to remain in depres depressive mood. On being enquired, quired, she stated that the petitioner was extending threats threats to her that if she would not d not follow his instructions, he wou e would defame her and r and also kill her children, as he is is in possession of her photograph tographs. Due to harassme assment meted out to the deceased-wi wife of the complainant at the han he hands of the petitioner itioner, she committed suicide by co by consuming poison and therefore, refore, a request was made made to take appropriate legal action action against the present petitioner. 4. Learned counsel for the petitioner Lear submitted that the petitioner was was in consensual relati l relation with the deceased and, ther therefore, question of threatening h ning her does not arise. rise. In fact, the deceased herself d rself disclosed to the petitioner that that the complainant used ed to torture her. Even the comp complainant was made main suspect spect by the police and and a request for conducting his DN DNA test was also made, which which is evident from zim zimni order dated 03.06.2024 (A 24 (Annexure P-2) passed by the Su the Sub- Divisional Judici Judicial Magistrate, Ganaur. It was It was further submitted that either t ither the alleged suicide n icide note was written by the compla complainant himself or was got writt t written from the decease eceased forcefully, in order to impli implicate the petitioner. There is al e is also high probability bility that the deceased was given po ven poison by the complainant himse himself. The allegations tions levelled against the petitioner in in the suicide note are vague, as ue, as no particular date w date was mentioned as to when the en the petitioner sexually assaulted t ulted the deceased. He fu He further relied upon the judgment p ment passed by the Coordinate Bench Bench of this Court in A.R A.R. Madhav Rao and others Vs rs Vs. State of Haryana and anoth nother PANKAJ KUMAR 2025.02.24 18:09 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.660 6607-2025 -3- 2018 (2) Law He w Herald 1577, to contend that in th in the absence of necessary material aterial to link the petitione titioner to the suicide note where the ere the deceased wrote that petitioner itioner is responsible for h e for her suicide, the petitioner cann cannot be held liable for prosecutio secution, unless and until until cogent material or evidence link ce linking the role of the petitioner w with reference to the to the suicide note of the deceased eased is made out in the investigatio stigation. Further reliance liance was placed upon the judgment gment passed by the Hon’ble Suprem Supreme Court in Rohini S hini Sudarshan Gangurde Vs. The S he State of Maharashtra and anoth nother 2024 (4) RCR (C R (Criminal) 165 to contend that that in order to breach the threshold shold of Section 306 IPC 6 IPC, there must either be an ins an instigation or an encouragement ment or intentional aid t aid to doing of a thing, meaning aning thereby, the accused must ha ust have encouraged the p d the person to commit suicide or eng engaged in conspiracy with others others to engage the perso person to commit suicide or acted acted intentionally to aid the person erson to commit suicide. icide. The aforesaid ingredients are co conspicuously missing in the prese e present case and therefor erefore, the petitioner is entitled for th ry bail. for the concession of anticipatory bail 5. On the other hand, learned State On State counsel and the learned coun counsel appearing for the for the complainant opposed the pray e prayer for granting anticipatory bail y bail to the petitioner on on the ground that there are speci specific allegations levelled against t ainst the petitioner by the y the deceased in her suicide note. 6. I have heard learned counsel for I ha l for the parties and have perused t used the paper book with with their able assistance. 7. A perusal of the status report filed b A pe filed by the respondent-State reveals th s that the call detail r etail report of the mobile number ( ber (8607172071), being used by t by the deceased, reveale revealed that ID CAF of the said mob d mobile number was found in the nam the name of the petitioner tioner. Furthermore, on receipt of Bio io report from FSL Madhuban dat an dated PANKAJ KUMAR 2025.02.24 18:09 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.660 6607-2025 -4- 22.12.2022, opin , opinion of Board of Doctors regard regarding cause of death was obtain obtained and the Board of ard of Doctors opined that the cause cause of death is ‘aluminium phosphi sphide poisoning and it nd its complication’. Further, the s , the suicide note and account openi ening form of deceased ceased and a note book, which was wr was written by the deceased were sent re sent to FSL, Madhuban huban for comparison/examination and ion and the report dated 18.12.2024 w 024 was received from FS rom FSL Madhuban, which has been been attached with the status report report as Annexure R-4. 4. Relevant part of the said report is port is reproduced as under:- “Op Opinion 1:- ….The person who who wrote red enclosed standa andard signature stamped an d and marked A1 to A6 also wrote t ote the red enclosed questio estioned signature similarly stamp tamped Q2. and marked Q1, Q2. Opinion 2: …The person who wr Opin o wrote red enclosed standard writin ritings stamped and marked rked A7 to A32 also wrote and r nd red enclosed questioned ned writings similarly stamped a d and marked Q3.” 8. There are specific allegations in Ther ns in the suicide note written by t by the deceased that the hat the petitioner was pressurizing her ng her to take divorce from her husba husband and that he was was also blackmailing her as he was e was in possession of her photograph tographs. There are also s also serious allegations of committin mitting rape upon the deceased by t d by the petitioner and th and that he also threatened to kill he kill her children. Therefore, keeping eping in view the status r tatus report filed by the respondent N dent No.1-State as dilated herein abo in above and the fact tha ct that specific allegations have bee ve been levelled against the petition etitioner, which are seriou serious in nature and sufficient incrim t incriminating evidence has come fo me forth during the inves investigation against him, this Cour Court is of the opinion that custod custodial interrogation of t on of the petitioner would be necessar cessary for recovery of mobile phon ne of PANKAJ KUMAR 2025.02.24 18:09 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.660 6607-2025 -5- the petitioner, w which is alleged to have been us sed for threatening the deceased and for demarcation . n of the place of alleged offence. 9. Hence, no ground is made out to gr Hen grant the concession of anticipa icipatory bail to the petitio petitioner. Therefore, the instant petiti t petition stands dismissed. 10. However, nothing observed herein How erein above shall be construed to be to be an expression of opi of opinion on merits of the case. February 24, 20 Pankaj* , 2025 ned Whether speaking/reasoned Whether reportable : : Yes/No Yes/No (NAMIT KUMAR) JUDGE PANKAJ KUMAR 2025.02.24 18:09 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh