Hanifa v. State of Haryana

The petitioner has filed the present petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to grant regular bail to her in case FIR No.142, dated 27.06.2024, registered under Section 302,201 and 34 of IPC (Sections 103,238 and 3(5) of B.N.S) at Police Station Dhauj, District Faridabad.

The F.I.R in the present case was registered on the basis of the statement made by Tahir and the same has been reproduced below:- "To the SHO Sahib, Police Station Dhauj, Faridabad, Respected Sir, the submission is as follows. I am Tahir son of CRM-M-28741-2026 (O&M) -2 Isabkhan, permanent resident of Village Dhauj. And I have been working as a driver in Saudi Arabia for 13 years. I have 8 children, of which 4 are sons and four are daughters. The eldest daughter is Sarjeena, Anjeela, Parveena, Sumeya and the sons are Wajib, Mujahid, Arsalan and Aaran. I have got my two elder daughters married. The remaining children stay with my wife Haneefa in Village Dhauj itself. My friend informed me over the phone about 1 year ago that my daughter Parveena aged 17 years had gone away with some boy from the village and the respected elders of the village had settled the matter between both parties and my daughter Parveena had been handed over to my wife Haneefa. About 1 month ago my younger son Mujahid called me and said that Papa my mother Haneefa and my maternal aunt Ruksina and maternal uncle Zafaruddin S/O Ilyas Village Dhauj and my maternal uncle Nijja resident of Chandanhoola Delhi together killed Parveena and buried her in a room of our house, upon which I from Saudi Arabia on dated 30.05.2024 sent an application via E-MAIL seeking search of my daughter Parveena, and I have now come to know that the dead body of my daughter Parveena has been found buried inside my house. I am fully convinced that about 11 months ago my wife Haneefa, Ruksina, Zafaruddin and my brother-in-law Nijja together committed the murder of my daughter Parveena. And after the murder all of them together buried my daughter's body in the room of my house so that no one would come to know. Now I have come to Police Station Dhauj for action and have submitted my application. And kindly take the strictest possible action and get me justice and thank you very much. SD/ Tahir Applicant”. CRM-M-28741-2026 (O&M) -3

Learned counsel for the petitioner contends that the petitioner has been falsely involved in the present case as she was having a matrimonial dispute with her husband. Learned counsel further submits that similarly placed co-accused namely Mujahid, Wajib and Mirjashad @ Nijja have been granted the concession of regular bail vide orders (Annexures P-1 to P-3). He further contends that the petitioner was arrested in the present case on 28.06.2024 and is in custody for the last more than two years. Moreover, the material witnesses in the present case have already been examined and the petitioner deserves to be enlarged on bail. Learned counsel further submits that an application under Section 319 Cr.P.C is pending before the Trial Court and the trial may further delayed.

On the other hand, learned State counsel assisted by learned counsel for the complainant have vehemently opposed the submissions, however, learned State counsel is not in a position to controvert the factual submissions made by learned counsel for the petitioner.

I have heard the learned counsel for the parties and perused the record carefully.

In the present case, the petitioner is stated to be in custody for the last about two years and one month. Moreover, in the considered opinion of this Court, the case of the petitioner is at par with co-accused namely Mujahid, Wajib and Mirjashad @ Nijja, who have been granted the concession of bail vide orders (Annexures P-1 to P-3), respectively.

Without commenting on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail pending trial on his CRM-M-28741-2026 (O&M) -4 furnishing bail bonds and surety to the satisfaction of the concerned trial Court/ Duty Magistrate/Chief Judicial Magistrate.

28.07.2026 hitesh (N.S.SHEKHAWAT) JUDGE Whether speaking/reasoned Whether reportable : : Yes/No Yes/No