Rajesh Ku sh Kumar Sharma v. State of Pu Punjab

The present FIR has been r n registered on the basis of statement m ment made by the complainant/father father of the deceased wife of the petitioner, w ioner, which reads as follows :- “Statement of A of Amarjit Sharma s/o Kashi Ram rio House No. 35 o. 350, Roshan Colony, Kalka Road, Old Rajpura P a P.S. City Rajpura District Rajpura aged about 60 t 60 years Mobile 9356457883 stated that I am the resi resident of the abovementioned address. I do Private Jo te Job. I have 3 children 1 boy 2 girls. My Daughter M er Manisha Rani aged about 37 VIJAY ASIJA 2024.10.25 16.54 I attest to the accuracy and integrity of this document CRM-M-45745-2024 2 years whose marriage w ge was solemnized with Rajesh Kumar Sharma s/o Ka Kanhiya Lal r/o Mata Bhag Kaur Colony Village G ge Gobindgarh Ludhiana about 18 years ago. Who h o has 2 sons. Rajesh Kumar Sharma often used to t to tease, upset and fight with my daughter Manisha R sha Rani. On dated 14/11/2023 my daughter Manisha isha Rani after getting upset from her husband nd Rajesh Kumar Sharma consumed poisonous m us medicine etc kept in the room. Which Rajesh Ku h Kumar Sharma often used to fight with my daughter hter Manisha Rani and used to beat her. The mother ther in law of my daughter Manisha Rani namely D ely Darshan Devi w/o Kanhiya Lal r/o Village Oksi Ja si Jattan near Rajpura Patiala and sister in law Shak hakuntala Devi W/o Sanju r/o Mandi Gobindgarh use used to encourage my son in law Rajesh Kumar S r Sharma to fight with my daughter Manisha Ra Rani and to beat her. My daughter Manisha Ran Rani after getting fed up with the fights and beating atings of her husband Rajesh Kumar Sharma, Mother other in law Darshani Devi and Sister in Law Shakunta untala Devi many times used to come to us at Rajpura t ra to whom we with the help of the respectable person rsons of our village and our relatives through mutua utual compromise used to send our daughter Manisha sha Rani back to Ludhiana. On dated 13/11/2023 Raj Rajesh Kumar Sharma was fighting and giving b ng beatings to my daughter Manisha Rani on wh which I asked my younger daughter Nishu Rani ani w/o Mandeep Sharma r/o Dhaba Road, near Sab Sabzi Mandi new Shimla Puri Ludhiana through phon phone to go to the house of my daughter Manisha Ra Rani on which my younger daughter Nishu alongw ongwith her husband Mandeep VIJAY ASIJA 2024.10.25 16.54 I attest to the accuracy and integrity of this document CRM-M-45745-2024 3 Sharma went to the hou house of my daughter Manisha Rani at Bagh Kaur C r Colony where my daughter Nishu Rani told that that fight is being done with Manisha Rani by her her husband Rajesh Kumar Sharma on which my da y daughter Nishu Rani and son in law Mandeep Sharm harma stopped Rajesh Kumar Sharma by persuading ding him not to fight and got conducted there mutua utual compromise. On dated 14/11/2023 at about bout 4:00PM my daughter Manisha Rani called my d my wife Sudesh Rani and told that Rajesh Kumar is f is fighting with me very badly on which my wife S fe Sudesh Rani pacified my daughter Manisha Ran Rani then again at about 6:00 PM my daughter Manis anisha Rani called my wife and told that Rajesh Kuma umar Sharma has again given beatings to her who ha o has tried to press my throat which my son Ayush Sh h Sharma aged about 17 years saved me. That I am be m being compelled to die. That now I am going to end end my life. On the same day my wife Sudesh Rani ani called my daughter Nishu Rani through conferenc rence on which my wife Sudesh Rani and my daughter hter Nishu Rani tried to pacify my daughter Manisha isha Rani. At about 7 PM my grandson (Dohta) Ayu Ayush Sharma called me and told that Mummy has has shut the door of the room and when I break ope open the door then saw that Mummy has consumed med some poisonous medicine lying in the room whose hose condition has got worsen. After that my grandso ndson Ayush Sharma told the entire story by calling m ing my younger daughter Nishu Rani. After that at abou about 9 PM my daughter Nishu Rani alongwith her h er husband Mandeep Sharma reached at the house of e of my daughter Manisha Rani where Rajesh Kumar S ar Sharma was giving bath to VIJAY ASIJA 2024.10.25 16.54 I attest to the accuracy and integrity of this document CRM-M-45745-2024 4 my daughter Manisha R ha Rani in the bathroom in his house under the tap. M p. Manisha Rani condition had worsened on which my h my grandson Ayush Sharma told my daughter Nish Nishu Rani that I had told my father Rajesh Kumar S ar Sharma to call some doctor then my father Rajesh K esh Kumar Sharma told me that nothing has happened t ed to her and she is just doing drama. Then my da daughter Nishu Rani and Mandeep Sharma told told Rajesh Kumar Sharma to take her to hospital for l for the treatment then Rajesh Kumar flatly refused to ed to my daughter Nishu Rani and Mandeep Sharma arma on which my daughter Nishu Rani and Man Mandeep Sharma arranged a Private Vehicle then N en Nishu Rani and Mandeep Sharma with the help o lp of one tenant in the house of my daughter Manisha isha Rani and one neighbour took my daughter Man Manisha Rani for treatment in nearby Indo Canadia dian Office Yaspura Chowk Ludhiana in some Priv Private Clinic Hospital where doctor told to them to t to take Manisha Rani to some big hospital on whic which Nishu Rani, Mandeep Sharma and one tenant ant and one neighbour took my daughter Manisha Ra Rani for treatment to Civil Hospital Ludhiana whe where me alongwith my wife Sudesh Rani reached on ed on the spot where the doctor on seeing the worsenin ening condition of my daughter Manisha Rani referred red my daughter Manisha Rani to PGI Hospital Chand handigarh but due to very bad health condition of my my daughter Manisha Rani we took our daughter Man Manisha Rani to DMC Hospital Ludhiana for treatment ent where doctor got admitted my daughter Manisha isha Rani thereafter at about

01.30AM doctor decla eclared my daughter Manisha Rani dead. That my da y daughter Manisha Rani has VIJAY ASIJA 2024.10.25 16.54 I attest to the accuracy and integrity of this document CRM-M-45745-2024 5 been compelled by R y Rajesh Kumar Sharma by consuming some poison oisonous substance. If any role of Darshana Devi and and Shakuntala Devi comes in picture regarding the the death of my daughter Manisha Rani then leg legal action be taken against them appropriate lega legal action be taken against Rajesh Kumar Sharma rma above and justice be done to me. I have got noted oted my statement to you in the presence of my wife Su fe Sudesh Rani which has been read over understood an od and found to be correct.” Learned counsel for the peti e petitioner, inter alia, submits that the pet the petitioner was married to the decea e deceased in the year 2005. Two children w ren were born out of the said wedloc wedlock who are in the care and custody of dy of the maternal grand-parents. rents. The date of incident is 14/15.11.20

5.11.2023 when the deceased commi ommitted suicide by consuming poison. It n. It is submitted that in the 18 y 18 years of marriage with the deceased th ased there was no complaint of any kin any kind made by the deceased or her family amily against the petitioner regarding arding any demand of dowry etc.. Even a co a compromise dated 26.11.2023 (A 23 (Annexure P-5) was entered into betwee between the petitioner and the compl complainant side, however, after five month months of the said compromise the complainant side has registered t tered the present FIR No.83 on 16.4 n 16.4.2024. It is stated that no suicide not de note has been recovered. There is ere is no truth to the allegations made in th in the FIR (Annexure P-1), which a hich are general in nature. The only allega allegation against the petitioner an er and his family is regarding harassment sment. It is pointed out by learned co ned counsel for the petitioner that purely with y with a view to cause harassment to to the petitioner, complainant side has r has registered another FIR No.208 o.208 dated 05.10.2024 under VIJAY ASIJA 2024.10.25 16.54 I attest to the accuracy and integrity of this document CRM-M-45745-2024 6 Section 406 on 406 IPC, at Police Station City, Ra ity, Rajpura against the petitioner. It is subm submitted that the challan has alrea s already been presented in the present cas case. The petitioner has been in en in custody for more than six months. A ths. Accordingly, learned counsel fo sel for the petitioner prays for grant of reg t of regular bail to the petitioner. Learned counsel for the State State has filed the Status Report dated 24.10

24.10.2024 by way of affidavit of vit of Jasbinder Singh, Assistant Commissio missioner of Police, Industrial Area Area-A, Ludhiana. The same is taken on r on record. Copy thereof is supplie upplied to the counsel opposite. Learned co ned counsel for the State, on instructio tructions from ASI Balbir Singh, informs the ms the Court that the challan in the pre the present case was presented on

14.6.2024; .2024; however, the charges are yet t e yet to be framed; and the next date fixed fixed before the learned trial Court i ourt is of today i.e. 25.10.2024. Learned co ned counsel for the State has referred ferred to the Post Mortem Report of the dece e deceased, annexed with the Status R tatus Report and submits that no injury was y was found on the person of the of the deceased. The inquest proceeding eedings under Section 174 Cr.P.C. P.C. have duly been conducted. Learned S ned State counsel has filed the the Custody Certificate dated

24.10.2024

0.2024 in Court. The same is taken taken on record. Copy thereof supplied to lied to the counsel opposite. As per t s per the Custody Certificate, the petitioner h ioner has undergone the actual custody ustody of 06 months and 05 days as undertria dertrial. I have heard learned counsel ounsel for the parties and gone through the gh the case file carefully. Without commenting on the m the merits of the case, however, keeping in ing in view the totality of facts and ci and circumstances of the case as VIJAY ASIJA 2024.10.25 16.54 I attest to the accuracy and integrity of this document CRM-M-45745-2024 7 noted abov above, including the fact that: (a) th (a) the petitioner has undergone actual custo l custody of 06 months and 05 days days as undertrial; (b) perusal of the custody ustody certificate reveals that there is here is no other case against the petitioner; ioner; (c) the trial of the case is likel s likely to consume considerable time as the the trial has not yet commenced a nced as the charges are yet to be framed, fur further custody of the petitioner is not justified. Accordingly, without me out meaning any expression of opinion opinion on the merits of the case, it is ordere ordered that the petitioner Rajesh Ku sh Kumar Sharma s/o Kanhaiya Lal be rele e released on regular bail subject to h ct to his furnishing requisite bail bonds/suret s/surety bonds to the satisfaction action of the trial Court/Duty Magistrate istrate, concerned. The petition is allowed. 25, 2024 October 2 Vijay Asija Whether spea Whether Repo r speaking/reasoned Yes / No r Reportable Yes / No ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2024.10.25 16.54 I attest to the accuracy and integrity of this document